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32ND AVENUE, LLC v. ANGELO HOLDING CORP.

2010-01668.

88 A.D.3d 986 (2011)

932 N.Y.S.2d 79

2011 NY Slip Op 7628

32ND AVENUE, LLC, Respondent, v. ANGELO HOLDING CORP. et al., Defendants, and HIGGINS AVE., LLC, et al., Appellants. (And a Third-Party Action.)

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

Decided October 25, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs payable by the appellants appearing separately and filing separate briefs.

Initially, the appellants waived the defense of lack of standing (see CPLR 3211 [a] [3]) by failing to either make a pre-answer motion to dismiss the complaint on that ground or assert that defense in their respective answers (see CPLR 3211 [e]; Countrywide Home...

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