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SECURITY PACIFIC NATIONAL BANK v. EVANS

31 A.D.3d 278 (2006)

820 N.Y.S.2d 2

SECURITY PACIFIC NATIONAL BANK, Respondent, v. TRACIE EVANS, Appellant, et al., Defendants.

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

July 13, 2006.

In this 14-year-old mortgage foreclosure action, Supreme Court properly determined that any present objection by defendant Evans to plaintiff Security Pacific's standing or legal capacity to sue was waived by Evans's failure to include either defense in her answer or a preanswer motion to dismiss (CPLR 3211 [a] [3]; [e]).

The dissent argues that plaintiff lacks standing because at the time it commenced the foreclosure action, it no longer

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