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GLIKLAD v. CHERNEY

7755, 7756, 7757, 602335/09, 7758.

97 A.D.3d 401 (2012)

948 N.Y.S.2d 48

2012 NY Slip Op 5333

ALEXANDER GLIKLAD, Respondent, v. MICHAEL CHERNEY, Appellant.

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

July 3, 2012.

The IAS court erred in granting plaintiff's motion to strike defendant's affirmative defense of lack of personal jurisdiction. Contrary to plaintiff's contention, defendant did not waive this defense by moving for summary judgment dismissing the complaint on the merits, given that defendant had previously raised the jurisdictional defense. Competello v Giordano (51 N.Y.2d 904 [1980]) is distinguishable, as the defendant in that case...

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