Opinion
Submitted November 10, 1999
December 13, 1999
In an action to recover damages for dental malpractice, the defendant appeals from so much of an order of the Supreme Court, Suffolk County (Seidell, J.), dated December 1, 1998, as denied his motion, inter alia, for leave to vacate a judgment of the same court entered August 14, 1995, in favor of the plaintiff and against him, upon his failure to appear or answer.
J. Papapanayotou, Long Island City, N.Y., for appellant.
Bracken Margolin, LLP, Islandia, N.Y. (Olympia Gouvis of counsel), for respondent.
SONDRA MILLER, J.P., WILLIAM C. THOMPSON, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The defendant's prior motion to vacate a judgment of the Supreme Court, Suffolk County, entered August 14, 1995, upon his failure to appear or answer did not raise the contentions that the plaintiff failed to timely file proof of service pursuant to CPLR former 306-b N.Y.CPLR(a), or that the Supreme Court lacked personal jurisdiction over him. Therefore, we agree with the Supreme Court that the defendant waived these contentions (see, Dorfman v. Zelik, 240 A.D.2d 619 ; see also, Matter of Fry v. Village of Tarrytown, 89 N.Y.2d 714 ; Interlink Metals Chems. v. Kazdan, 222 A.D.2d 55 ).
S. MILLER, J.P., THOMPSON, KRAUSMAN, FLORIO, and SCHMIDT, JJ., concur.