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.