Opinion
Decided January 14, 1982
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOSEPH P. KUSZYNSKI, J.
Lawrence A. Shulz for appellant.
Victor A. Rossetti for respondent.
On summary consideration, order reversed, with costs, and the motion by defendant Martinez to dismiss the complaint denied. We disagree with the holding of the Appellate Division basing its decision as to defendant Martinez on the invalidity of the order and postattachment procedure, issues which have been waived by defendant's failure to timely raise them. Defendant also waived her objections to quasi in rem jurisdiction by failing to allege this ground in her answer (see Gager v White, 53 N.Y.2d 475, 489).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG AND MEYER.