In Addesso v. Shemtob (70 N.Y.2d 689, 512 N.E.2d 314, 518 N.Y.S.2d 793 (1987)), the defense of lack of personal jurisdiction under CPLR 3211 (a) (8) was waived when the defendant there had made a motion to dismiss in lieu of an answer under CPLR 3211 (a) (7) for the failure to state a cause of action and only thereafter asserted the jurisdictional defense in the answer to an amended complaint. The Court of Appeals held that the jurisdictional defense was waived because it was not raised in the earlier CPLR 3211 motion ( CPLR 3211 [e]). The Court applied CPLR 3211 (e) in a case where defendants had moved to dismiss the complaint without raising a jurisdictional defense in the motion. The Court found "no reason to depart from the statute's plain language" (id. at 690), and held that the defense was waived.