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RIVERTON ASSOC. v. HARVEY

1 Misc.3d 822 (2003)

772 N.Y.S.2d 199

RIVERTON ASSOCIATES, Petitioner, v. LAVERN HARVEY et al., Respondent.

Civil Court of the City of New York, New York County.

August 14, 2003.

Attorney(s) appearing for the Case

Borah, Goldstein, Altschuler, Schwartz & Nahins, P.C., New York City (James C. Mantia of counsel), for petitioner.

Municipal Employees Legal Services, New York City (Tracey D. Doeman and Joan L. Beranbaum of counsel), for respondent.

OPINION OF THE COURT

ROLANDO T. ACOSTA, J.

Petitioner's motion for an order dismissing respondent's first affirmative defense (lack of personal jurisdiction) is granted inasmuch as respondent failed to move to dismiss within 60 days of service of the answer on that basis. (CPLR 3211 [e].)

Pursuant to CPLR 3211 (e) (as amended in 1996),1 a respondent who raises the defense of improper service of notice of petition and...

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