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ONE WEST BANK, FSB v. VANDERHORST

2014-04998, Index No. 30294/09.

131 A.D.3d 1028 (2015)

16 N.Y.S.3d 460

2015 NY Slip Op 06793

ONE WEST BANK, FSB, Respondent, v. DONNA VANDERHORST, Also Known as DONNA M. VANDERHORST and Others, Appellant, et al., Defendants.

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

Decided September 16, 2015.

Ordered that the order is affirmed insofar as appealed from, with costs.

In opposition to the plaintiff's prima facie showing of entitlement to judgment as a matter of law, the appellant failed to raise a triable issue of fact. The appellant waived the issue of standing by failing to raise that issue in a pre-answer motion to dismiss the complaint, or in her answer (see Deutsche Bank Natl. Trust Co. v Islar, 122 A.D.3d 566

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