CHARLES OFFSET CO. v. HOBART-McINTOSH PAPER

Defendant has waived the defense of lack of standing since it failed to assert the claim as an affirmative defense in its answer and waited over six years after issue was joined in this action to move to dismiss the complaint on that ground (CPLR 3211 [e]; see, Matter of Prudco Realty Corp. v Palermo, 60 N.Y.2d 656, 657). We also note that plaintiff and Marketing Showcase were owned and managed by the same family, shared the same offices, and were merged in 1986.

Concur — Sullivan, J.P., Rosenberger, Wallach and Kupferman, JJ.