Ordered that the order is affirmed, with costs.
The defendant Gabriel Philistin (hereinafter the defendant) failed to assert, in his answer or in a pre-answer motion to dismiss the complaint pursuant to CPLR 3211 (a), the defense that the plaintiff lacked standing at the time it commenced the action (see CPLR 3211 [a] [3]; Bank of N.Y. v Silverberg,
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