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US BANK N.A. v. NELSON

2016-01722. Index No. 23423/09.

169 A.D.3d 110 (2019)

93 N.Y.S.3d 138

2019 NY Slip Op 00494

US BANK NATIONAL ASSOCIATION, Respondent, v. KENYATTA NELSON et al., Appellants, et al., Defendants.

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

Decided January 23, 2019.

Attorney(s) appearing for the Case

Rozario & Associates, P.C., Brooklyn ( Rovin R. Rozario and Daniel Park of counsel), for appellants.

Hogan Lovells US LLP, New York City ( David Dunn , Chava Brandriss and Suzanne Novak of counsel), for respondent.

BALKIN and SGROI, JJ., concur with MASTRO, J.P.

OPINION OF THE COURT

It is by now a firmly established principle that the issue of whether a plaintiff lacks standing to commence an action is waived unless it is raised in the answer or in a pre-answer motion to dismiss (see CPLR 3211 [a] [3]; [e]; Matter of Prudco

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