Legal Opinion
Muchnick v. Alcamo Supply & Contracting Corp.
Appellate Division of the Supreme Court of the State of New York
Decided January 14, 1991PublishedCited by 6 opinions
1Opinion of the Court
In an action to recover damages for breach of contract, the defendants appeal from a judgment of the Supreme Court, Suffolk County (Luciano, J.), entered November 16, 1988, which, after a nonjury trial, is in favor of the plaintiff and against them in the principal sum of $17,754.55.
Ordered that the judgment is affirmed, with costs.
The defendants’ claim that the plaintiff lacked the capacity to sue on the contract is untimely. By failing to assert such a defense in a motion before the service of their answer or in the answer itself, they have waived any objection to the plaintiff’s standing…
2Cases cited3 opinions
- Prudco Realty Corp. v. PalermoNew York Court of Appeals · 1983
- Strauf v. Ettson Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
- Erljur Associates v. WeissmanAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by6 opinions
- Spatz v. BajramoskiAppellate Division of the Supreme Court of the State of New York · 1995
- Gilman v. AbagnaleAppellate Division of the Supreme Court of the State of New York · 1997
- Harte v. Richmond County Savings BankAppellate Division of the Supreme Court of the State of New York · 1996
- Kingsland Group, Inc. v. J.B. Satcin Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Continental Capital Corp. v. FioreAppellate Division of the Supreme Court of the State of New York · 1997
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