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DIMOND v. VERDON

5 A.D.3d 718 (2004)

773 N.Y.S.2d 603

CYNTHIA DIMOND, Respondent, v. OLIVIA VERDON et al., Appellants.

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

March 29, 2004.

Ordered that the order is affirmed, without costs or disbursements.

The defendants raised the affirmative defense of lack of personal jurisdiction in their answer. Almost three months after serving their answer, the defendants moved to dismiss the complaint on the ground that the summons and complaint were not properly served. Having failed to move to dismiss on that ground within 60 days after serving their answer, the defendants waived that defense (see CPLR...

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