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CALIBER HOME LOANS INC. v. XIU LIAN TANG

9251, 35367/14E.

172 A.D.3d 476 (2019)

97 N.Y.S.3d 854

2019 NY Slip Op 03664

Caliber Home Loans Inc., Respondent, v. Xiu Lian Tang et al., Appellants.

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

Decided May 9, 2019.

Defendants waived the defense of lack of standing by failing to assert it in the answer or in a timely motion to dismiss (CPLR 3211 [e]; Bank of Am., N.A. v Brannon, 156 A.D.3d 1, 7 [1st Dept 2017]). The defense of lack of personal jurisdiction fails in view of defendant Jian Shi Xu's pro se answer and the subsequent appearance of counsel on behalf of both defendants (CPLR 321 [a]; National Loan Invs., L.P. v Piscitello, ...

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