Legal Opinion
MidFirst Bank v. Ajala
Appellate Division of the Supreme Court of the State of New York
Decided January 18, 2017No. 2013-03996PublishedCited by 8 opinions
1Opinion of the Court
In an action to foreclose a mortgage, the defendant Joseph Ajala appeals from an order of the Supreme Court, Westchester County (Lefkowitz, J.), dated March 20, 2013, which denied his motion to vacate a judgment of foreclosure and sale of the same court dated July 2, 2012.
Ordered that the order is affirmed, with costs.
Contrary to the appellant’s contentions, he waived the defenses of lack of standing, statute of limitations, and personal jurisdiction by failing to raise them in his answer or in a pre-answer motion to dismiss (see CPLR 320 [b]; 3211 [a] [5], [8]; [e]; South Point, Inc. v Rana,…
2Cases cited2 opinions
- South Point, Inc. v. RanaAppellate Division of the Supreme Court of the State of New York · 2016
- Ferri v. FerriAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by8 opinions
- Deutsche Bank Natl. Trust Co. v. GeorgeAppellate Division of the Supreme Court of the State of New York · 2021
- 21st Mtge. Corp. v. PalazzottoAppellate Division of the Supreme Court of the State of New York · 2018
- Bank of N.Y. Mellon v. SeligAppellate Division of the Supreme Court of the State of New York · 2018
- Gately v. DrummondAppellate Division of the Supreme Court of the State of New York · 2018
- Green Tree Servicing, LLC v. WeissAppellate Division of the Supreme Court of the State of New York · 2020
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