The New York Court of Appeals (court) addressed plaintiff’s motions for summary judgment and for a judgment of foreclosure and sale. A trial court granted the plaintiff’s motions. The defendants had failed to raise standing in their answers or in pre-answer motions as required by CPLR 3211(e). Based on the law then in effect at the time of the orders appealed from, the court held that the defense “was waived.”
The defendants argued that “ownership is an essential element of a foreclosure action.” They raised that argument “for the first time in support of their motion for reargument at the Appellate Division.” The court concluded that the argument was “unpreserved for our review.” The court did not “reach the issue of whether RPAPL 1302-a, enacted while this appeal was pending, affords defendants an opportunity to raise standing at this stage of the litigation.” The court stated that the defendants were “free to apply to the trial court for any relief that may be available to them under that statute.”
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