Opinion
No. 2006-04869.
November 21, 2006.
In an action to foreclose a mortgage, the defendant Morgan M. Munsey appeals from an order of the Supreme Court, Kings County (Marano, J.H.O.), dated April 25, 2006, which, after a hearing, in effect, denied his motion to vacate the judgment of foreclosure and sale on the ground that the court did not have persona], jurisdiction.
Before: Florio, J.P., Schmidt, Santucci and Lunn, JJ., concur.
Ordered that the order is affirmed, with costs.
"An appearance by a defendant in an action is deemed to be the equivalent of personal service of a summons upon him, and therefore confers personal jurisdiction over him, unless he asserts an objection to jurisdiction either by way of motion or in his answer" ( Skyline Agency v Coppotelli, Inc., 117 AD2d 135, 140; see also CPLR 320; National Loan Invs., L.P. v Piscitello, 21 AD3d 537). The appellant neither moved to dismiss the complaint on the ground of lack of personal jurisdiction nor asserted lack of personal jurisdiction in his answer ( see CPLR 3211 [a] [8]; [e]). Accordingly, the appellant waived any claim that the court lacked personal jurisdiction over him in this foreclosure action ( see Matter of Woicik v Town of E. Hampton, 207 AD2d 356).
The appellant's remaining contentions are without merit.