defendant had waived defense (New York) · Go Syfert
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defendant had waived defense in New York

8 New York opinions name it 2 courts 1916–2026 3 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Hall v. L&A Operational, LLCgreen
nyappdiv · 2024 · cited in 1 New York opinions naming this issue, 2026–2026
2 sentences

2026Additionally, the plaintiff demonstrated a potentially meritorious cause of action and that there was no demonstrable prejudice to the defendant as a consequence of the delay in service ( see Rhoe v Reid , 240 AD3d at 638; Hall v L & A Operational, LLC , 228 AD3d at 847).

2026The plaintiff established that the action was timely commenced and that the plaintiff reasonably believed that the defendant had waived the defense of lack of personal jurisdiction ( see Hall v L & A Operational, LLC , 228 AD3d at 847; Bhatara v Kolaj , 222 AD3d at 930-931).

11
Bhatara v. Kolajgreen
nyappdiv · 2023 · cited in 1 New York opinions naming this issue, 2026–2026
1 sentence

2026The plaintiff established that the action was timely commenced and that the plaintiff reasonably believed that the defendant had waived the defense of lack of personal jurisdiction ( see Hall v L & A Operational, LLC , 228 AD3d at 847; Bhatara v Kolaj , 222 AD3d at 930-931).

11
Rhoe v. Reidgreen
nyappdiv · 2025 · cited in 1 New York opinions naming this issue, 2026–2026
1 sentence

2026Additionally, the plaintiff demonstrated a potentially meritorious cause of action and that there was no demonstrable prejudice to the defendant as a consequence of the delay in service ( see Rhoe v Reid , 240 AD3d at 638; Hall v L & A Operational, LLC , 228 AD3d at 847).

11
HSBC Bank USA, N.A. v. Taubgreen
nyappdiv · 2019 · cited in 1 New York opinions naming this issue, 2023–2023
1 sentence

2023Thus, the court properly concluded that the defendant had waived the defense of lack of personal jurisdiction ( see HSBC Bank USA, N.A. v Taub , 170 AD3d at 1129-1130).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
TPZ Corp. v. Dabbs green
nyappdiv · 2006
2 sentences

2019In fact, Mastropaolo recognizes that where a defendant challenges the plaintiff's standing, a plaintiff is obligated to prove its standing ( see id. at 242 , citing TPZ Corp. v Dabbs , 25 AD3d 787, 789 ).

2019In fact, Mastropaolo recognizes that where a defendant challenges the plaintiff's standing, a plaintiff is obligated to prove its standing ( see id. at 242 , citing TPZ Corp. v Dabbs , 25 AD3d 787, 789 ).

22019–2019
Wells Fargo Bank Minnesota, National Ass'n v. Mastropaolo green
nyappdiv · 2007
2 sentences

2019In fact, Mastropaolo recognizes that where a defendant challenges the plaintiff's standing, a plaintiff is obligated to prove its standing ( see id. at 242 , citing TPZ Corp. v Dabbs , 25 AD3d 787, 789 ).

2019In fact, Mastropaolo recognizes that where a defendant challenges the plaintiff's standing, a plaintiff is obligated to prove its standing ( see id. at 242 , citing TPZ Corp. v Dabbs , 25 AD3d 787, 789 ).

22019–2019
US Bank N.A. v. Chkifati neutral
nyappdiv · 2022
1 sentence

2022Since the defendant had waived the defense of lack of personal jurisdiction by failing to timely assert it, that defense was not a proper basis on which to vacate the order and judgment of foreclosure and sale and to dismiss the complaint insofar as asserted against the defendant ( see U.S. Bank N.A. v Chkifati , 203 AD3d at 1214-1215 ; U.S. Bank N.A. v Pepe , 161 AD3d at 812-813).

12022–2022
People v. Johnson green
nyappdiv · 1993
1 sentence

2009People v Ortiz, 19 AD3d 281 [2005], lv denied 5 NY3d 809 [2005]; People v Johnson, 196 AD2d 408 [1993], lv denied 82 NY2d 806 [1993]).

12009–2009
People v. Ortiz neutral
nyappdiv · 2005
1 sentence

2009People v Ortiz, 19 AD3d 281 [2005], lv denied 5 NY3d 809 [2005]; People v Johnson, 196 AD2d 408 [1993], lv denied 82 NY2d 806 [1993]).

12009–2009
People v. Ortiz neutral
ny · 2005
1 sentence

2009People v Ortiz, 19 AD3d 281 [2005], lv denied 5 NY3d 809 [2005]; People v Johnson, 196 AD2d 408 [1993], lv denied 82 NY2d 806 [1993]).

12009–2009
Schiff v. Home Owners' Loan Corp. neutral
nysupct · 1938
1 sentence

1940In the case of Schiff v. Home Owners’ Loan Corp. ( 168 Misc. 498 ) the court denied a motion to dismiss the complaint against the Home Owners’ Loan Corporation in an action based upon tort, upon the ground that the act of Congress creating the defendant had waived its immunity from suit.

11940–1940
People Ex Rel. Taylor v. . Forbes green
ny · 1894
1 sentence

1916Taylor Forbes ( 143 N. Y. 219, 231 ): “The weight of authority seems to be in favor of the rule that the witness may be compelled to answer * * * when it is perfectly clear and plain that he is mistaken, and that the answer cannot possibly injure him, or tend in any degree to subject him to the peril of prosecution.” We did not hold that the defendant had waived his privilege by serving a verified answer, and that is not the law.

11916–1916

Where else courts name it

CT 23 (1983–2024) NY 8 (1916–2026) WA 6 (2004–2019) AL 6 (1912–2025) IN 5 (1977–2013) MA 5 (1840–2012) IL 4 (1966–2026) MO 4 (1963–2000) LA 4 (1989–2012) OR 4 (1992–2023) CO 4 (2001–2025) KS 2 (1943–2020) NC 2 (2002–2015) MS 2 (2003–2009) TX 2 (2001–2017) VT 2 (1982–2003) MD 2 (2019–2019) PA 2 (2011–2023) CA 2 (1996–2001) TN 2 (2022–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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