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ERLJUR ASSOCS. v. WEISSMAN

134 A.D.2d 321 (1987)

Erljur Associates, Plaintiff, v. Norman H. Weissman et al., Defendants. (Action No. 1.) Ocho Realty Corp. et al., Respondents, v. Norman H. Weissman et al., Appellants. (Action No. 2.)

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

November 9, 1987

Ordered that the judgment is affirmed, with costs.

The appellants waived any contention that the plaintiff corporation lacked the capacity to sue on the contract (because it had entered into that contract after it had been dissolved for failure to pay its franchise taxes) by their failure to assert that defense in a motion before the service of their answer or in the answer itself (see, CPLR 3211 [a] [3]; [e]; see, Lorisa Capital Corp. v Gallo

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