Summary
holding that "by simply defending on the merits and seeking discovery, [defendant did] not expressly or impliedly waive its jurisdictional objection."
Summary of this case from AXA Mediterranean Holding v. ING Ins. Int'lOpinion
Argued October 25, 1983
Decided November 23, 1983
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, IRWIN M. SILBOWITZ, J.
Alfred Julien, Leonard L. Finz and David B. Turret for appellants.
Walter T. Reardon and Vincent M. Sclafani for respondent.
Order affirmed, with costs, for reasons stated in the memorandum of the Appellate Division ( 93 A.D.2d 734; see Rich v Lefkovits, 56 N.Y.2d 276, 279).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.