Practice point: While lack of subject matter jurisdiction can be raised at any time, it is within a New York court's power to entertain the case before it.
Practitioners should note that the objection will likely be waived where, after judgment, it is argued that the court did not have power to act as to a particular question.
Case: Miraglia v. H & L Holding Corp., NY Slip Op 08453 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
