Why Trust This Analysis
This article is part of our ongoing jurisdiction coverage, with 12 published articles analyzing jurisdiction issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
Understanding How Jurisdictional Defenses Can Be Waived Through Defendant Conduct
In New York civil litigation, defendants often attempt to challenge a court’s jurisdiction over them as a defense strategy. However, courts have consistently held that certain actions by defendants can waive these jurisdictional challenges, even when the defendant later claims the court lacked authority to enter judgment. A recent appellate decision demonstrates how seemingly innocent communications with opposing counsel can destroy an otherwise valid jurisdictional defense.
The concept of waiver in jurisdictional matters is particularly significant because it shows how defendants’ own conduct can undermine their legal position. Unlike other defenses that must be explicitly abandoned, jurisdictional defenses can be waived through implicit acknowledgment of the court’s authority or through unreasonable delays in asserting the defense.
Jason Tenenbaum’s Analysis:
State Farm Fire & Cas. Co. v Davis, 2020 NY Slip Op 51008(U)(App. Term 2d Dept, 2020)
Free Consultation · No Fee Unless We Win
Does this apply to your situation?
Every case is different. Get a free, confidential case review from an experienced attorney who can tell you exactly where you stand.
“Nevertheless, a lack of jurisdiction claim will be deemed waived where a defendant has implicitly acknowledged the validity of a default judgment or has unreasonably delayed in moving to vacate the judgment (see Cadlerock Joint Venture, L.P. v Kierstedt, 119 AD3d 627, 628 ; Taveras v City of New York, 108 AD3d 614, 617 ; HSBC Bank USA, N.A. v A & R Trucking Co., Inc., 66 AD3d 606 ). Here, it is undisputed that seven years before moving to vacate the judgment, defendant had called plaintiff’s attorney’s office in order to negotiate payment of the judgment. Defendant thereby implicitly acknowledged the existence of the judgment and demonstrated a lack of good faith by dilatorily asserting his rights.”
Key Takeaway
This case illustrates that defendants cannot have it both ways — they cannot negotiate payment of a judgment while simultaneously claiming the court lacked jurisdiction to enter that judgment. The seven-year delay between the defendant’s acknowledgment and the motion to vacate demonstrated bad faith and resulted in waiver of the jurisdictional defense. This principle applies broadly beyond jurisdictional defects to various procedural challenges in New York courts.
Related Articles
Legal Context
Why This Matters for Your Case
New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.
Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.
Keep Reading
More Jurisdiction Analysis
The lack of value of a notice of appearance
New York's CPLR requires defendants to challenge personal jurisdiction within 60 days or risk waiver, even with protective language in notices of appearance.
Nov 3, 2019
Personal Jurisdiction in New York Insurance Cases: No-Fault Defense Guide
Master personal jurisdiction challenges in NY insurance cases. Expert analysis of out-of-state insurer defenses. Call 516-750-0595 for legal help.
Aug 18, 2019
Re-Service Under CPLR 311-a Cures a Jurisdictional Defect — Even Mid-Motion
A New York appellate ruling confirms re-serving the summons under CPLR 311-a while a motion to dismiss is pending defeats the jurisdictional objection.
Mar 2, 2019
Fraudulent procurement of insurance has serious consequences
New Jersey's strict insurance compliance requirements bar claims when drivers fail to maintain state-approved coverage, highlighting jurisdictional challenges in auto accident...
Oct 20, 2018
Default denied based upon quirk of NYCCCA 403 and 404
New York City Civil Court Act sections 403 and 404 create jurisdictional quirk that can defeat default judgments when service of process is made outside NYC limits.
May 6, 2017
No jurisdiction
New York courts lack jurisdiction over out-of-state insurance carriers not licensed or authorized to conduct business in the state, as demonstrated in this appellate case.
Mar 18, 2014Was this article helpful?
Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
If you need legal help with a jurisdiction matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.
