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LANCE INTERNATIONAL, INC. v. FIRST NATIONAL CITY BANK

5041, 570717/09.

86 A.D.3d 479 (2011)

927 N.Y.S.2d 56

2011 NY Slip Op 5982

LANCE INTERNATIONAL, INC., Respondent, v. FIRST NATIONAL CITY BANK, Appellant.

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

Decided July 21, 2011.

Contrary to defendant's contention, its defense is that plaintiff lacks capacity to sue, not that the court lacks subject matter jurisdiction (see Security Pac. Natl. Bank v Evans, 31 A.D.3d 278, 279-280 [2006], appeal dismissed 8 N.Y.3d 837 [2007]). Contrary to plaintiff's contention, Civil Court did not raise the issue of lack of capacity sua sponte.

While a defense that a party...

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