Legal Opinion
HSBC Bank USA v. Philistin
Appellate Division of the Supreme Court of the State of New York
Decided October 3, 2012PublishedCited by 11 opinions
1Opinion of the Court
The defendant Gabriel Philistin (hereinafter the defendant) failed to assert, in his answer or in a pre-answer motion to dismiss the complaint pursuant to CPLR 3211 (a), the defense that the plaintiff lacked standing at the time it commenced the action (see CPLR 3211 [a] [3]; Bank of N.Y. v Silverberg, 86 AD3d 274, 279-280 [2011]). Subsequently, the plaintiff moved for summary judgment on the complaint. The defendant did not oppose the motion, and the Supreme Court granted it by order entered August 24, 2010. More than seven months later, the defendant moved to dismiss the complaint on the…
2Cases cited4 opinions
- Lucido v. MancusoAppellate Division of the Supreme Court of the State of New York · 2008
- Bank of New York v. SilverbergAppellate Division of the Supreme Court of the State of New York · 2011
- Amaranth v. National Australia Bank Ltd.Appellate Division of the Supreme Court of the State of New York · 2007
- JP Foodservice Distributors, Inc. v. PricewaterhouseCoopers LLPAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by11 opinions
- South Point, Inc. v. RanaAppellate Division of the Supreme Court of the State of New York · 2016
- Bloom v. LugliAppellate Division of the Supreme Court of the State of New York · 2013
- U.S. Bank National Ass'n v. LomutoAppellate Division of the Supreme Court of the State of New York · 2016
- Wells Fargo Bank, N.A. v. FantoAppellate Division of the Supreme Court of the State of New York · 2017
- Wells Fargo Bank, N.A. v. MorganAppellate Division of the Supreme Court of the State of New York · 2016
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