What is the consequence of failing to raise a defense of lack of personal jurisdiction in a pre-answer motion?

Failing to raise the defense of lack of personal jurisdiction in a pre-answer motion results in a waiver of that defense. Under New York Civil Practice Law and Rules (CPLR), if a party does not properly assert a defense in their initial pleadings or in a pre-answer motion, they cannot later claim that defense in subsequent stages of the litigation.

This rule is rooted in the principle that judicial efficiency and fairness require parties to raise all applicable defenses as early as possible. Allowing a party to later raise a jurisdictional defense after engaging with the court would undermine the process and potentially cause unnecessary delays.

The other options refer to scenarios where a defense could still be raised if it were not waived. However, the specific rule regarding personal jurisdiction clearly states that failing to act on it at the right time results in a complete waiver of the defense. Therefore, the correct understanding of this legal principle confirms that the defense is indeed waived and cannot be raised later in the litigation process.