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BRAFMAN & ASSOC., P.C. v. BALKANY

Index No. 650188/19. Appeal No. 12809. Case No. 2019-03381.

190 A.D.3d 453 (2021)

2021 NY Slip Op 00083

Brafman & Associates, P.C., Respondent, v. Milton Balkany, Appellant.

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

Decided January 7, 2021.

Attorney(s) appearing for the Case

Michael P. Lagnado , New York, for appellant.

Jaroslawicz & Jaros PLLC, New York ( David Tolchin of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Moulton, González, Scarpulla, JJ.

Contrary to plaintiff's assertion, defendant did not waive the defense of improper service. Having added it to his amended answer within the time frame for amendments as of right under CPLR 3025(a), its omission from his original response does not constitute waiver (see Iacovangelo v Shepherd, 5 N.Y.3d 184 [2005]). Were we to address plaintiff's unpreserved arguments concerning CPLR 3211(e), we would reject them. The statute makes...

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