WIEBUSCH v. BETHANY MEMORIAL REFORM CHURCH


9 A.D.3d 315 (2004)

781 N.Y.S.2d 6

JANET WIEBUSCH, Respondent, v. BETHANY MEMORIAL REFORM CHURCH, Defendant, and MARBLE COLLEGIATE CHURCH, Appellant.

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

July 22, 2004.


The motion, which sought dismissal of the complaint as against appellant on the ground that the summons was delivered to a person who was not authorized to accept it on appellant's behalf, was denied on the ground that appellant waived the defense of lack of jurisdiction by not pleading it in its answer. This was a simple oversight; in point of fact, appellant's answer did plead lack of jurisdiction based on improper service. Nevertheless, we affirm, because appellant did...

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