Wells Fargo Bank Minnesota, National Ass'n v. Mastropaolo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Prudenti, P.J.
The issue presented on this appeal is whether a party’s alleged lack of standing to commence the action is a defense that is waived if not raised in an answer or in a pre-answer motion to dismiss the complaint. We hold that lack of standing is such a defense, and that it was waived in this case, where the defendant raised the standing issue for the first time in an attorney’s affirmation submitted in opposition to the plaintiffs motion for summary judgment.
In April 2003, the defendant, Joseph Mastropaolo, borrowed the sum of $369,000 from USA Mortgage Bankers…
2Cases cited22 opinions
- Society of Plastics Industry, Inc. v. County of SuffolkNew York Court of Appeals · 1991
- Thrasher v. United States Liability InsuranceNew York Court of Appeals · 1967
- Fry v. Village of TarrytownNew York Court of Appeals · 1997
- Community Board 7 v. SchafferNew York Court of Appeals · 1994
- Caprer v. NussbaumAppellate Division of the Supreme Court of the State of New York · 2006
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3Cited by197 opinions
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- Wells Fargo Bank, N.A. v. RooneyAppellate Division of the Supreme Court of the State of New York · 2015
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