Legal Opinion

Wells Fargo Bank Minnesota, National Ass'n v. Mastropaolo

Appellate Division of the Supreme Court of the State of New York

Decided May 29, 2007PublishedCited by 197 opinions

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

  1. Society of Plastics Industry, Inc. v. County of SuffolkNew York Court of Appeals · 1991
  2. Thrasher v. United States Liability InsuranceNew York Court of Appeals · 1967
  3. Fry v. Village of TarrytownNew York Court of Appeals · 1997
  4. Community Board 7 v. SchafferNew York Court of Appeals · 1994
  5. Caprer v. NussbaumAppellate Division of the Supreme Court of the State of New York · 2006

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3Cited by197 opinions

  1. U.S. Bank, N.A. v. CollymoreAppellate Division of the Supreme Court of the State of New York · 2009
  2. Bank of New York v. SilverbergAppellate Division of the Supreme Court of the State of New York · 2011
  3. Wells Fargo Bank, N.A. v. Wrights Mill Holdings, LLCDistrict Court, S.D. New York · 2015
  4. U.S. Bank, National Ass'n v. EmmanuelAppellate Division of the Supreme Court of the State of New York · 2011
  5. Wells Fargo Bank, N.A. v. RooneyAppellate Division of the Supreme Court of the State of New York · 2015

192 more not listed; retrieve them via the Exa API.

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