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FIRST TRUST NATIONAL ASSOCIATION v. DELUCA

284 A.D.2d 494 (2001)

728 N.Y.S.2d 51

FIRST TRUST NATIONAL ASSOCIATION, Appellant, v. LORENZO A. DELUCA et al., Defendants and ARCADIAN EQUITIES, INC., Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 25, 2001.

Ordered that the order is affirmed, with costs.

Although not raised in the answer of the respondent's precedessor-in-interest, the Supreme Court properly considered the affirmative defenses of forgery, Statute of Frauds, and lack of authority raised by the respondent in opposition to the appellant's motion for summary judgment (see, Rizzi v Sussman, 9 A.D.2d 961).

In opposition...

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