The lack of value of a notice of appearanceNovember 3, 2019
JP Morgan Chase Bank, N.A. v Jacobowitz, 2019 NY Slip Op 07773 (2d Dept. 2019)
Remember: when you answer, the CPLR gives you 60 days to move to dismiss on personal jurisdiction or you are out of the box. Filing a notice of appearance sans answer will not subvert the CPLR. It is a cute strategy but the Courts frown on lack of personal jurisdiction application.
” It is immaterial that the notice of appearance, in addition to requesting that all papers in the action be served on the defendants’ counsel, stated that “[t]he Defendants do not waive any jurisdictional defenses by reason of the within appearance.” This language is not a talisman to protect the defendants from their failure to take timely and appropriate action to preserve their defense of lack of personal jurisdiction. The defendants did not move to dismiss the complaint insofar as asserted against them on the ground of lack of personal jurisdiction until January 2016, more than 10 months after filing the notice of appearance. Under these circumstances, the defendants waived any claim that the Supreme Court lacked personal jurisdiction over them in this action.”