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OHIO SAVINGS BANK, Respondent, v. MORGAN M. MUNSEY, Appellant, et al., Defendants.

Ordered that the order is affirmed, with costs.

"An appearance by a defendant in an action is deemed to be the equivalent of personal service of a summons upon him, and therefore confers personal jurisdiction over him, unless he asserts an objection to jurisdiction either by way of motion or in his answer" ( Skyline Agency v Coppotelli, Inc., 117 AD2d 135, 140; see also CPLR 320; National Loan Invs., L.P. v Piscitello, 21 AD3d 537). The appellant neither moved to dismiss the complaint on the ground of lack of personal jurisdiction nor asserted lack of personal jurisdiction in his answer ( see CPLR 3211 [a] [8]; [e]). Accordingly, the appellant waived any claim that the court lacked personal jurisdiction over him in this foreclosure action ( see Matter of Woicik v Town of E. Hampton, 207 AD2d 356).

The appellant's remaining contentions are without merit.

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OHIO SAVINGS BANK v. MORGAN
(Nov 21, 2006)