Opinion
November 19, 1984
Appeal from the Supreme Court, Westchester County (Isseks, J.).
Order affirmed, without costs or disbursements.
Power contends that the South Carolina courts never acquired personal jurisdiction over it because it was never properly served with a summons and complaint. Consequently, it argues that the default judgment subsequently entered in favor of Intertec in South Carolina was void ab initio.
However, the South Carolina Court of Common Pleas has determined that Power made a general appearance for personal jurisdiction purposes. Under South Carolina law, a general appearance constitutes a voluntary submission to the jurisdiction of the court and waives any defects and irregularities in the service of process ( Strickland v Consolidated Energy Prods. Co., 274 S.C. 554).
Moreover, prior to the scheduled hearing on damages in South Carolina, Power moved to stay the hearing and vacate the default judgment. Power submitted papers in support of, and argued, the motion which was thereafter denied. Since Power contested jurisdiction in South Carolina as a separate issue and lost thereon, it may not now use the same assertion as a defense to a counterclaim based on the judgment it has so contested (see Vander v Casperson, 12 N.Y.2d 56). Mangano, J.P., Gibbons, O'Connor and Brown, JJ., concur.