Onewest, F.S.B. v. Goddard
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to foreclose a mortgage, the defendant Regina Goddard appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Siegal, J.), dated December 10, 2013, as denied that branch of her motion which was for leave to amend her answer to include the defense of lack of standing.
Ordered that the order is affirmed insofar as appealed from, with costs.
An argument that a plaintiff lacks standing, if not asserted in the defendant’s answer or in a pre-answer motion to dismiss the complaint, is waived pursuant to CPLR 3211 (e) (see U.S. Bank, N.A. v Sharif,…
2Cases cited11 opinions
- Aurora Loan Services v. Monique TaylorNew York Court of Appeals · 2015
- Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
- U.S. Bank, N.A. v. CollymoreAppellate Division of the Supreme Court of the State of New York · 2009
- Lucido v. MancusoAppellate Division of the Supreme Court of the State of New York · 2008
- Mortgage Electronic Registration System, Inc. v. CoakleyAppellate Division of the Supreme Court of the State of New York · 2007
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3Cited by9 opinions
- OneWest Bank, N.A. v. Robert W. MelinaCourt of Appeals for the Second Circuit · 2016
- Flagstar Bank, FSB v. MendozaAppellate Division of the Supreme Court of the State of New York · 2016
- Filan v. DellariaAppellate Division of the Supreme Court of the State of New York · 2016
- OneWest Bank, FSB v. SimpsonAppellate Division of the Supreme Court of the State of New York · 2017
- CitiMortgage, Inc. v. PuglieseAppellate Division of the Supreme Court of the State of New York · 2016
4 more not listed; retrieve them via the Exa API.