Legal Opinion
Dermot Co. v. 200 Haven Co.
Appellate Division of the Supreme Court of the State of New York
Decided January 15, 2009PublishedCited by 1 opinion
1Opinion of the Court
Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered January 29, 2008, which, to the extent appealed from, denied defendant 220 Haven LLC’s motion to amend its answer, unanimously affirmed, without costs.
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 AD3d 278 [2006], appeal dismissed 8 NY3d 837 [2007]). Even absent such a waiver, plaintiff had a bona fide economic interest in seeking specific…
2Cases cited5 opinions
- Lama Holding Co. v. Smith Barney Inc.New York Court of Appeals · 1996
- Thomas Crimmins Contracting Co. v. City of New YorkNew York Court of Appeals · 1989
- Security Pacific National Bank v. EvansAppellate Division of the Supreme Court of the State of New York · 2006
- Raven Elevator Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
- Dermot Co. v. 200 Haven Co.Appellate Division of the Supreme Court of the State of New York · 2007
3Cited by1 opinion
- GS Plasticos Limitada v. Bureau Veritas Consumer Products Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2017