Deutsche Bank National Trust Co. v. Jackson

Appellate Division of the Supreme Court of New York

Deutsche Bank National Trust Co. v. Jackson

68 A.D.3d 805, 889 N.Y.2d 477

Appellate Division of the Supreme Court of the State of New York·Decided December 8, 2009·Published·Cited by 11 cases

Opinion

Having failed to interpose an answer which asserted the defense of lack of standing or to file a timely pre-answer motion raising that defense, the defendant St. Clair Jackson waived such defense pursuant to CPLR 3211 (e) (see HSBC Bank, USA v Dammond, 59 AD3d 679 [2009]; Wells Fargo Bank Minn., N.A. v Mastropaolo, 42 AD3d 239 [2007]). Moreover, contrary to Jackson’s contention, under the circumstances of this case, there was no need to conduct a hearing prior to the issuance of the referee’s report (see LBV Props. v Greenport Dev. Co., 188 AD2d 588 [1992]).

Jackson’s remaining contentions are without merit. Fisher, J.P., Angiolillo, Lott and Sgroi, JJ., concur.

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Having failed to interpose an answer which asserted the defense of lack of standing or to file a timely pre-answer motion raising that defense, the defendant St. Clair Jackson waived such defense pursuant to CPLR 3211 (e) (see HSBC Bank, USA v Dammond, 59 AD3d 679 [2009]; Wells Fargo Bank Minn., N.A. v Mastropaolo, 42 AD3d 239 [2007]). Moreover, contrary to Jackson’s contention, under the circumstances of this case, there was no need to conduct a hearing prior to the issuance of the referee’s report (see LBV Props. v Greenport Dev. Co., 188 AD2d 588 [1992]).

Jackson’s remaining contentions are without merit. Fisher, J.P., Angiolillo, Lott and Sgroi, JJ., concur.

Deutsche Bank National Trust Co. v. Jackson, 68 A.D.3d 805, 889 N.Y.2d 477 (N.Y. Ct. App. 2009).

Pincite

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Opinion

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