Defendant waived the defense by failing to raise it until after he had filed a notice of appearance, attended numerous court conferences, consented to a damages inquest, and cross-examined a witness at the inquest, following the grant of plaintiffs' motion for a default judgment.
Good Gateway, LLC v. Thakkar, NY Slip Op 09369 (1st Dep't December 26, 2019)
Here is the decision.
