Defendants Derek Johnson and Susan Josie Crawford contend that Supreme Court lacked jurisdiction over this action because a final judgment of foreclosure and sale of the same property was entered in 2007 in an action commenced in 2005, and plaintiff failed to seek leave to commence the instant action pursuant to RPAPL 1301. Defendants waived this argument by failing to raise it in their opposition to plaintiff's motion for summary judgment, in their reply in further support...
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