Opinion
2004-761 ROC.
Decided December 1, 2004.
Appeal by tenant from a final judgment of the Justice Court, Village of Nyack, Rockland County (R. Knoebel, J.), entered on April 2, 2004, awarding landlord possession.
Final judgment unanimously affirmed without costs.
PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
We find that tenant waived the defense of lack of personal jurisdiction based on improper service since he did not move for a judgment on that ground or raise the defense in the answer, which consisted only of a general denial ( see CPLR 3211 [e]; Frankel v. Siravo, 278 AD2d 66; Greenpoint Bank v. Schiffer, 266 AD2d 262). In any event, service was proper.
We further find that a tenancy at will was created even without the reservation of rent ( Larned v. Hudson, 60 NY 102; Stauber v. Antelo, 163 AD2d 246). Consequently, tenant's contention that no landlord and tenant relationship existed is without merit.