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WELLS FARGO v. MASTROPAOLO

42 A.D.3d 239 (2007)

837 N.Y.S.2d 247

WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, as Trustee, without Recourse, Appellant, v. JOSEPH MASTROPAOLO, Respondent.

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

May 29, 2007.

Attorney(s) appearing for the Case

Fein, Such & Crane, LLP, Chestnut Ridge (Samit G. Patel of counsel), for appellant.

Howard M. File, P.C., Staten Island (Remy Larson of counsel), for respondent.

MASTRO, SANTUCCI and DILLON, JJ., concur.

OPINION OF THE COURT

PRUDENTI, P.J.

The issue presented on this appeal is whether a party's alleged lack of standing to commence the action is a defense that is waived if not raised in an answer or in a pre-answer motion to dismiss the complaint. We hold that lack of standing is such a defense, and that it was waived in this case, where the defendant raised the standing issue for the first time in an attorney's affirmation submitted in opposition to the...

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