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CHARLES OFFSET CO., INC. v. HOBART-McINTOSH PAPER CO.

192 A.D.2d 419 (1993)

596 N.Y.S.2d 68

Charles Offset Company, Inc., Respondent, v. Hobart-McIntosh Paper Co., Appellant

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

April 20, 1993

Defendant has waived the defense of lack of standing since it failed to assert the claim as an affirmative defense in its answer and waited over six years after issue was joined in this action to move to dismiss the complaint on that ground (CPLR 3211 [e]; see, Matter of Prudco Realty Corp. v Palermo, 60 N.Y.2d 656, 657). We also note that plaintiff and Marketing Showcase were owned and managed by the same family, shared the...

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