Order unanimously modified in accordance with the memorandum and as modified affirmed, without costs of this appeal to any party.
Memorandum:
An objection under section 210 of the Civil Practice Act that a plaintiff is not the real party in interest must be taken by the defendant either in his answer or by a motion addressed to the pleading. (2 Carmody-Waite, New York Practice, p. 551; Massi v. Alben Bldrs., 270 App. Div. 482, 485; Wells v. Merrill...
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