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IACOVANGELO v. SHEPHERD

5 N.Y.3d 184 (2005)

833 N.E.2d 259

800 N.Y.S.2d 116

FRANK B. IACOVANGELO, as Administrator of the Estate of GOLDIE GILCHRIST, Also Known as GOLDY BOND, Deceased, Appellant, v. DAVID SHEPHERD et al., Respondents.

Court of Appeals of the State of New York.

Decided June 30, 2005.

Attorney(s) appearing for the Case

Gallo & Iacovangelo, LLP, Rochester (Joseph B. Rizzo of counsel), for appellant.

Bivona & Cohen, P.C., New York City (Michael P. Lagnado, Harold J. Derschowitz and Ian H. Kaufman of counsel), for respondents.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

R.S. SMITH, J.

We hold that a defendant who omits from an answer a defense based on lack of personal jurisdiction has not waived the defense if the defendant corrects the omission before the time to amend the answer without leave of court has expired.

Facts and Procedural History

Goldie Gilchrist, a New York resident, was walking on a highway in Georgia when she was hit by a truck owned by David Shepherd and driven...

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