WIDEMAN v. BARBEL TRUCKING, INC.


3 A.D.3d 449 (2004)

770 N.Y.S.2d 723

ANGELO A. WIDEMAN et al., Respondents, v. BARBEL TRUCKING, INC., Appellant.

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

January 27, 2004.


Defendant earlier moved to dismiss on jurisdictional grounds, based on defective service. It later argued that inasmuch as this action did not commence until service was then properly made, it had the right to submit another dismissal motion based upon lack of long-arm jurisdiction. But defendant's prior appearance and motion constituted a submission to the court's jurisdiction and a waiver of the long-arm jurisdictional defense (CPLR 3211 [e]; Wiesener v Avis Rent-A-Car...

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