MATTER OF HALPERN v. WHITE

153270/16. Appeal No. 12510. Case No. 2020-00815.

189 A.D.3d 407 (2020)

132 N.Y.S.3d 772

2020 NY Slip Op 07133

In the Matter of John Halpern, Respondent, v. Matthew White, Appellant, et al., Respondents.

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

Decided December 1, 2020.


Attorney(s) appearing for the Case

Freiberger Haber LLP, Melville ( Jeffrey M. Haber of counsel), for appellant.

Borg Law LLP, New York ( Jonathan M. Borg of counsel), for respondents.

Concur—Gische, J.P., Webber, Oing, Mendez, JJ.


Respondent debtor contends, for the first time on appeal, that the court lacks subject matter jurisdiction over this matter. While an objection to subject matter jurisdiction may be raised at any time, given the lack of a fully developed factual record before the motion court, the issue cannot be decided at this juncture (see Chateau D' If Corp. v City of New York, 219 A.D.2d 205, 209 [1st Dept 1996], lv denied 88 N.Y.2d 811...

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