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SOUTH POINT, INC. v. RANA

2014-10840, Index No. 17813/07.

139 A.D.3d 935 (2016)

30 N.Y.S.3d 710

2016 NY Slip Op 03870

SOUTH POINT, INC., Respondent, v. ALLAH R. RANA, Appellant, et al., Defendants.

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

Decided May 18, 2016.

Ordered that the judgment is affirmed, with costs.

In this action to foreclose a mortgage, the defendant Allah R. Rana (hereinafter the defendant) did not raise the issue of the plaintiff's standing to commence the action by way of specific denials in his answer, by raising lack of standing as an affirmative defense, or by making a pre-answer motion to dismiss based on lack of standing. Accordingly, he waived the issue...

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