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DERMOT COMPANY, INC. v. 200 HAVEN COMPANY

58 A.D.3d 497 (2009)

872 N.Y.S.2d 15

THE DERMOT COMPANY, INC., Respondent, v. 200 HAVEN COMPANY, Defendant, and 200 HAVEN LLC, Appellant.

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

January 15, 2009.

Defendant LLC waived any objection to the standing of plaintiff, the proposed purchaser, by failing to raise that affirmative defense in its answer or in a pre-answer motion to dismiss (see Security Pac. Natl. Bank v Evans, 31 A.D.3d 278 [2006], appeal dismissed 8 N.Y.3d 837 [2007]). Even absent such a waiver, plaintiff had a bona fide economic...

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