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McCRAY v. SMITH

298 A.D.2d 368 (2002)

751 N.Y.S.2d 239

ROBERT McCRAY, Respondent, v. ASIA L. SMITH, Appellant, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 7, 2002.

Ordered that the order is affirmed, with costs.

By making an earlier motion (erroneously denominated as a cross motion) to compel acceptance of her answer, bereft of any jurisdictional defense, the appellant waived the only basis she would have had to vacate her default in this action (see International Bus. Machs. Corp. v Murphy & O'Connell, 172 A.D.2d 157, 158). Had the appellant preserved her jurisdictional

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