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FOXEN COMPANY v. IRISH PUB LTD.

57 A.D.3d 939 (2008)

869 N.Y.S.2d 801

FOXEN COMPANY, Respondent, v. IRISH PUB, LTD., et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

December 30, 2008.

Ordered that the judgment is affirmed, with costs.

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 A.D.3d 239 [2007]).

The defendants' remaining contentions are...

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