Maloney v. Braeside Apartments Co.

Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion to dismiss the complaint and cross claims against defendant N. Lawrence Caruso & Associates, P. C. (Caruso PC). Caruso PC contends that its motion should have been granted because plaintiff’s cause of action did not accrue until after Caruso PC’s corporate existence was dissolved. Caruso PC failed to plead that defense, and failed to raise it on the record, thus waiving it (see, Martin v Rockwell Graphic Sys., 192 AD2d 1124; Schaffer Stores Co. v Grand Union Co., 84 AD2d 614, appeal dismissed 56…