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CYNTHIA DIMOND, respondent, v. OLIVIA VERDON, ET AL., appellants.

DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

The defendants raised the affirmative defense of lack of personal jurisdiction in their answer. Almost three months after serving their answer, the defendants moved to dismiss the complaint on the ground that the summons and complaint were not properly served. Having failed to move to dismiss on that ground within 60 days after serving their answer, the defendants waived that defense ( see CPLR 3211[e]; Gillespie v. Perrone, 276 A.D.2d 526; Amerasia Bank v. Saiko Enters., 263 A.D.2d 519, 520; Alaska Seaboard Partners v. Anninos, 259 A.D.2d 572; DeSena v. HIP Hosp., 258 A.D.2d 555). The purported rejection of the defendants' answer did not extend the 60-day time limit.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and COZIER, JJ., concur.

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DIMOND v. VERDON
(Mar 29, 2004)