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U.S. BANK N.A. v. THOMAS

5282. 381770/09.

156 A.D.3d 557 (2017)

65 N.Y.S.3d 695

2017 NY Slip Op 09241

U.S. BANK NATIONAL ASSOCIATION, Respondent, v. LENNON A. THOMAS, Appellant, et al., Defendants.

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

Decided December 28, 2017.

Because defendant failed to timely raise defenses based on service of process and standing in an answer or pre-answer motion to dismiss, those defenses are waived (CPLR 3211 [e]; International Bus. Machs. Corp. v Murphy & O'Connell, 172 A.D.2d 157, 158 [1st Dept 1991], appeal dismissed 78 N.Y.2d 908 [1991] [service of process]; Security Pac. Natl. Bank v Evans,

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