STEVENSON EQUIP., INC. v. CHEMIG CONSTR. CORP.


170 A.D.2d 769 (1991)

Stevenson Equipment, Inc., Respondent, v. Chemig Construction Corporation, Doing Business as Gandy Sales Company, et al., Appellants

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

February 7, 1991


Mikoll, J.

Two questions are presented on these appeals: (1) whether defendants waived the defense that plaintiff was not the real party in interest to the action by failing to interpose same as an affirmative defense in their answer or by motion, and (2) whether there was sufficient evidence to support the jury's finding of fraud by concealment. Both questions are answered affirmatively. Therefore, the judgment entered upon a jury verdict in favor of...

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