State Farm Fire & Cas. Co. v Davis, 2020 NY Slip Op 51008(U)(App. Term 2d Dept, 2020)
“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 [2014]; Taveras v City of New York, 108 AD3d 614, 617 [2013]; HSBC Bank USA, N.A. v A & R Trucking Co., Inc., 66 AD3d 606 [2009]). 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.”
