CPLR R. 3211(e) Number, time and waiver of objections; motion to plead over
Lot 57 Acquisition Corp. v Yat Yar Equities Corp., 2009 NY Slip Op 05512 (App. Div., 2nd, 2009)
Since the defendant Yat Yar Equities Corp. (hereinafter Yat Yar) did
not raise the defense of lack of standing in a timely motion to dismiss
the complaint or in its responsive pleading, that defense is waived (see CPLR 3211[e]; Gager v White, 53 NY2d 475, 488, cert denied 454 US 1086; Aames Funding Corp. v Houston, 57 AD3d 808, 809).
Standing can be waived through other, less obvious, means. See, Fair Price Med. Supply Corp. v Travelers Indem. Co., 10 NY3d 556 (Ct. App., 2008). Fair Price can of course be limited to it facts. Can it be expanded outside no-fault, to other statutory or contract driven arenas.
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