Kukulka v. Millard Fillmore Suburban Hosp

In Kukulka v. Millard Fillmore Suburban Hosp., 106 AD2d 886 [4th Dept] the defendant did not raise the defense of lack of personal jurisdiction in the original answer or in the first amended answer, but only in the second amended answer. Under those circumstances, albeit with the duration of time from the original answer to the amended answers unascertainable from the decision, the Fourth Department reversed and found the defenses of personal jurisdiction and statute of limitations were forfeited.