Opinion
January 14, 1991
Appeal from the Supreme Court, Suffolk County (Luciano, J.).
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 (see, CPLR 3211 [e]; Matter of Prudco Realty Corp. v Palermo, 60 N.Y.2d 656, 657; Erljur Assocs. v Weissman, 134 A.D.2d 321).
Moreover, the findings of fact by the trial court were not against the weight of the evidence (see, Strauf v Ettson Enters., 106 A.D.2d 737).
We find the defendants' remaining contentions to be either unpreserved for appellate review or without merit. Thompson, J.P., Kunzeman, Lawrence and O'Brien, JJ., concur.