Seung Kwon Park v. Spivey's Trucking & Rigging Co.
Court: Appellate Division of the Supreme Court of the State of New York; June 19, 1995; New York; State Appellate Court
In a personal injury action, plaintiffs appealed an order from the Supreme Court, Queens County, which dismissed their complaint against defendant Spivey’s Trucking and Rigging Company for lack of personal jurisdiction. The appeal also sought to review a subsequent order that reaffirmed the original dismissal upon reargument. The court dismissed the appeal from the May 2, 1994 order, noting it was superseded by the September 14, 1994 order, which was affirmed, and awarded costs to the respondents. Two answers were submitted on behalf of Spivey’s: the first asserted defenses of lack of personal jurisdiction and the Statute of Limitations, while the second, submitted by a different law firm, did not include these defenses. The court rejected the plaintiffs' argument that the second answer constituted an amended answer that superseded the first. It concluded that the second answer was submitted mistakenly and that the plaintiffs were aware of this error, affirming that Spivey’s did not intend to waive its affirmative defenses. The judges concurred in this decision.