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INDYMAC BANK, F.S.B. v. LAMATTINA

49 A.D.3d 395 (2008)

853 N.Y.S.2d 341

INDYMAC BANK, F.S.B., Respondent, v. JOSEPH LAMATTINA et al., Defendants, and VINCENT ANCONA et al., Appellants.

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

Decided March 18, 2008.

The court properly declined to consider the forum selection clause since appellants failed to assert a jurisdictional defense in their motion (see Montcalm Publ. Corp. v Pustorino, 125 A.D.2d 188 [1986]), and only raised the effect of the clause for the first time in paragraph 34 of their attorney's 37-paragraph reply affirmation (see Ritt v Lenox Hill Hosp., 182 A.D.2d 560, 562 [1992])...

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