The Appellate Division affirmed the Supreme Court's determination that the defendant waived any challenge to service because he actively participated in the litigation by formally appearing, addressing the merits of the petition, and raising objections about service upon another party before raising an issue about service upon himself. The Appellate Division noted that, as per an affirmation of service, relevant papers were served by email after the defendant, an attorney, consented to service by email.
Matter of Montal v. Koplen, NY Slip Op 05165 (2d Dep't October 11, 2023)
