Legal Opinion
32nd Avenue, LLC v. Angelo Holding Corp.
Appellate Division of the Supreme Court of the State of New York
Decided October 25, 2011PublishedCited by 5 opinions
1Opinion of the Court
*987Initially, the appellants waived the defense of lack of standing (see CPLR 3211 [a] [3]) by failing to either make a pre-answer motion to dismiss the complaint on that ground or assert that defense in their respective answers (see CPLR 3211 [e]; Countrywide Home Loans, Inc. v Delphonse, 64 AD3d 624, 625 [2009]; Wells Fargo Bank Minn., N.A. v Mastropaolo, 42 AD3d 239, 243 [2007]).
The Supreme Court properly denied those branches of the motion of the defendants Higgins Ave., LLC, Immanuel Piroozian, and Shahriar Homapour which were for summary judgment dismissing the complaint insofar as…
2Cases cited8 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Wells Fargo Bank Minnesota, National Ass'n v. MastropaoloAppellate Division of the Supreme Court of the State of New York · 2007
- Ford v. Unity HospitalNew York Court of Appeals · 1973
- Cash v. Titan Financial Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
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3Cited by5 opinions
- Robinson v. Plaro Estates, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Gabel v. GabelAppellate Division of the Supreme Court of the State of New York · 2013
- Atlantic Fin., LLC v. Xinlei LinAppellate Division of the Supreme Court of the State of New York · 2018
- Gabel v. GabelAppellate Division of the Supreme Court of the State of New York · 2013
- Zeus Constr. Servs., LLC v. Fame Constr., Inc.Appellate Terms of the Supreme Court of New York · 2018