Legal Opinion
Citimortgage, Inc. v. Friedman
Appellate Division of the Supreme Court of the State of New York
Decided August 21, 2013PublishedCited by 6 opinions
1Opinion of the Court
In an action to foreclose a mortgage, the defendant 1733 51st Development, LLC, appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Knipel, J.), dated July 25, 2011, as denied its motion for summary judgment dismissing the complaint insofar as asserted against it.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly determined that the appellant waived the defense of lack of standing by failing to raise that defense either in its answer or in a pre-answer motion to dismiss the complaint (see JPMorgan Chase…
2Cases cited4 opinions
- Bank of New York v. SilverbergAppellate Division of the Supreme Court of the State of New York · 2011
- CitiMortgage, Inc. v. RosenthalAppellate Division of the Supreme Court of the State of New York · 2011
- U.S. Bank National Ass'n v. DellarmoAppellate Division of the Supreme Court of the State of New York · 2012
- JPMorgan Chase Bank, N.A. v. BauerAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by6 opinions
- Wells Fargo Bank, N.A. v. DupassAppellate Division of the Supreme Court of the State of New York · 2020
- Citimortgage, Inc. v. LaupotAppellate Division of the Supreme Court of the State of New York · 2021
- Wilmington Sav. Fund Socy. v. TheageneAppellate Division of the Supreme Court of the State of New York · 2022
- BAC Home Loan Servicing, LP v. BertramNew York Supreme Court · 2016
- U.S. Bank N.A. v. HaberAppellate Division of the Supreme Court of the State of New York · 2024
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