Opinion
04-20-2017
CAPITAL ONE BANK, N.A., Plaintiff–Respondent, v. John FARACCO, Defendant–Appellant, Thomas Marron, et al., Defendants.
Law Offices of Charles H. Wallshein, Melville (Charles W. Marino of counsel), for appellant. Parker Ibrahim & Berg LLC, New York (Anthony W. Vaughn Jr. of counsel), for respondent.
Law Offices of Charles H. Wallshein, Melville (Charles W. Marino of counsel), for appellant.
Parker Ibrahim & Berg LLC, New York (Anthony W. Vaughn Jr. of counsel), for respondent.
Order, Supreme Court, New York County (Joan M. Kenney, J.), entered July 1, 2016, which denied the motion of defendant John Farracco to dismiss the complaint on the ground of lack of personal jurisdiction, unanimously affirmed, without costs.
The filing of a notice of appearance by counsel on defendant's behalf, after the time to answer had expired, and without making any objection to personal jurisdiction, waived defendant's challenge to such jurisdiction. Accordingly, the court properly denied defendant's motion, made four months after such appearance (see Matter of Nicola v. Board of Assessors of Town of N. Elba, 46 A.D.3d 1161, 847 N.Y.S.2d 763 [3d Dept.2007] ).
We have considered defendant's remaining arguments and find them unavailing.
ACOSTA, J.P., MAZZARELLI, MANZANET–DANIELS, GISCHE, KAHN, JJ., concur.