. By Jonathan H. Freiberger Last Week in our BLOG article: “ Just When You Thought It Could Not Get More Unanimous, The Court of Appeals Determines that FAPA’s Retroactive Application Does Not Violate the Due Process or Contract Clauses of the United States Constitution or the Right to Substantive and Procedural Due Process Under the New York Constitution – Part 1 ,” we discussed FAPA and the New York Court of Appeals’ decision in Van Dyke v. U.S. Bank, N. A. , in which the C

Appearing in an action may give rise to a waiver of a litigant’s right to challenge the court’s jurisdiction over the litigant. As explained in prior blog articles, it is axiomatic that a “plaintiff appears [in an action] merely by bringing it.”