His lawyer argued that the defamation-claim plaintiff did not properly serve DMX with the lawsuit papers and was unaware of the case against him.
Any readers from Maryland, please feel free to drop a line on the service requirements under state law. In New York, service of process is governed by CPLR Article 3. For example, for service upon an individual, see CPLR 308. Also, under New York law and objection that the summons and complaint were not properly served is waived if, having raised such objection in a pleading, the objecting party does not moved for judgment on that ground within sixty days after serving the pleading. CPLR 3211(e).