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AUTO BODY FED'N OF THE EMPIRE STATE, INC. v. LEWIS

80 A.D.2d 593 (1981)

Auto Body Federation of the Empire State, Inc., et al., Respondents, v. Albert Lewis, as Superintendent, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 17, 1981

Order affirmed insofar as appealed from, with $50 costs and disbursements.

Defendants have waived their right to raise the defenses of lack of standing and Statute of Limitations as a result of their failure to move to dismiss on these grounds pursuant to CPLR 3211 (subd [a]) or raise these defenses in their answer (see CPLR 3211, subd [e]). Moreover, concerning the validity of the complaint, it is well settled that even if there is a defect in a pleading, a motion...

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