Civil Procedure · MBE-tested

Deutsche Bank National Trust Company, Respondent, v. St. Clair Jackson, Appellant, et al., Defendants

68 A.D.3d 805889 N.Y.S.2d 477·New York Supreme Court, Appellate Division·2009·NY

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Opinion

Deutsche Bank National Trust Company, Respondent, v St. Clair Jackson, Appellant, et al., Defendants. [889 NYS2d 477] [MAJORITY] Having failed to interpose an answer which asserted the defense of lack of standing or to file a timely pre-answer motion raising that defense, the defendant St. Clair Jackson waived such defense pursuant to CPLR 3211 (e) (see HSBC Bank, USA v Dammond, 59 AD3d 679 [2009]; Wells Fargo Bank Minn., N.A. v Mastropaolo, 42 AD3d 239 [2007]). Moreover, contrary to Jackson’s contention, under the circumstances of this case, there was no need to conduct a hearing prior to the issuance of the referee’s report (see LBV Props. v Greenport Dev. Co., 188 AD2d 588 [1992]). Jackson’s remaining contentions are without merit. Fisher, J.P., Angiolillo, Lott and Sgroi, JJ., concur.