On July 30, 2025, the Second Department issued a decision in National City Mtge. Co. v. Wercberger, 2025 NY Slip Op. 04490, holding that a motion to dismiss based on lack of personal jurisdiction because of improper service can only be made by the defendant over whom jurisdiction is being asserted, explaining:
The Supreme Court properly denied that branch of Kaplan’s motion which was pursuant to CPLR 3211(a)(8) to dismiss the complaint insofar as asserted against Wercberger for lack of personal jurisdiction. Kaplan, who took the property subject to a valid notice of pendency, and therefore had notice of this action, lacks standing to challenge whether Wercberger was properly served with process, since, in a mortgage foreclosure action, such a claim is personal in nature and may only be raised by the party allegedly improperly served.
(Internal citations omitted).