Foxen Co. v. Irish Pub, Ltd.

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.