Theresa Frame

December 17, 2018 | New York Law Journal

New York courts have historically recognized standing as an element of justiciability that restricts the courts' ability to adjudicate a matter. However, over recent decades, New York courts have weakened the standing requirement by holding that any objection or defense based on lack of standing is waived if not asserted in an answer or pre-answer motion to dismiss. Although this development may be difficult to reconcile with the principle of the separation of powers, it remains, unmistakably, the current state of the law in New York and practitioners should be wary of inadvertently waiving this valuable defense.

By Theresa Frame

10 minute read