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SORRENTI v. SHANE

1 Misc.3d 47 (2003)

768 N.Y.S.2d 545

THOMAS SORRENTI, Respondent, v. STEVE SHANE, Doing Business as SHANE'S TOWING INC., et al., Appellants.

Supreme Court, Appellate Term, Second Department.

October 21, 2003.

Attorney(s) appearing for the Case

Alan C. Glassman, Brooklyn, for appellants.

PESCE, P.J., ARONIN and PATTERSON, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order unanimously affirmed without costs.

Having requested that the court grant them permission to interpose a counterclaim for money plaintiff allegedly owed them for the subject vehicle repairs, as well as other affirmative relief, defendants waived any defect in personal jurisdiction, and by seeking to interpose such a claim, defendants have made affirmative use of the very court that they allege has no jurisdiction...

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