Opinion
September 13, 1993
Appeal from the Supreme Court, Queens County (Smith, J.).
Ordered that the order is reversed, on the law, with one bill of costs payable to the appellants appearing separately and filing separate briefs, the motion is denied, and the third-party complaints are reinstated.
Having failed to make an appropriate preanswer motion, or raise the issue in its answers to the third-party complaints, Malerba's Silver City Tire Company has waived its claim that there was no jurisdiction under either CPLR 301 or 302 (see, CPLR 3211 [e]; Gager v White, 53 N.Y.2d 475, cert denied sub nom. Guertin Co. v Cachat, 454 U.S. 1086; Hatch v Tu Thi Tran, 170 A.D.2d 649; Boswell v Jiminy Peak, 94 A.D.2d 782). Thompson, J.P., Sullivan, Miller, Ritter and Santucci, JJ., concur.