Order unanimously affirmed with costs.
Memorandum:
Defendant Carlisle Corporation (Carlisle) appeals from an order denying its cross motion to dismiss the complaint. Carlisle contends that plaintiffs' attempt to amend the complaint to add it as a defendant was improper. We agree with Carlisle that plaintiffs should have sought leave to add the party defendant. The failure of plaintiffs to do so, however, is not fatal. Carlisle waived the defect by failing...
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