Ordered that the judgment is affirmed, with costs.
We find that the appellant waived the right to assert that the plaintiff's failure to perform a condition precedent set forth in the mortgage bars the instant foreclosure action, as this defense was never raised in the appellant's answer or in any motion by the appellant to amend her answer (see, CPLR 3015 [a]; Igbara Realty Corp. v New York Prop. Ins. Underwriting Assn.,
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