Foxen Co. v. Irish Pub, Ltd.
57 A.D.3d 939, 869 N.Y.2d 801
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 30, 2008
StatusPublished
This text of 57 A.D.3d 939 (Foxen Co. v. Irish Pub, Ltd.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Foxen Co. v. Irish Pub, Ltd., 57 A.D.3d 939, 869 N.Y.2d 801 (N.Y. Ct. App. 2008).
Opinion
The defendants waived the defense of lack of capacity to sue when they defaulted and failed to raise it in their subsequent motion to vacate their default (see Wells Fargo Bank Minn., N.A. v Mastropaolo, 42 AD3d 239 [2007]).
The defendants’ remaining contentions are without merit. Fisher, J.E, Florio, Garni and Chambers, JJ., concur.
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Related
Wells Fargo Bank Minnesota, National Ass'n v. Mastropaolo
42 A.D.3d 239 (Appellate Division of the Supreme Court of New York, 2007)
Cite This Page — Counsel Stack
Bluebook (online)
57 A.D.3d 939, 869 N.Y.2d 801, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foxen-co-v-irish-pub-ltd-nyappdiv-2008.