HSBC BANK USA v. PHILISTIN

2011-09536.

99 A.D.3d 667 (2012)

952 N.Y.S.2d 83

2012 NY Slip Op 6580

HSBC BANK USA, Respondent, v. GABRIEL PHILISTIN, Appellant, et al., Defendants.

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

October 3, 2012.


Ordered that the order is affirmed, with costs.

The defendant Gabriel Philistin (hereinafter the defendant) failed to assert, in his answer or in a pre-answer motion to dismiss the complaint pursuant to CPLR 3211 (a), the defense that the plaintiff lacked standing at the time it commenced the action (see CPLR 3211 [a] [3]; Bank of N.Y. v Silverberg, 86 A.D.3d 274, 279-280 [2011]). Subsequently, the plaintiff moved...

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