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GMAC MTGE., LLC v. COOMBS

2017-08030. Index No. 29971/08.

191 A.D.3d 37 (2020)

136 N.Y.S.3d 439

2020 NY Slip Op 07039

GMAC MORTGAGE, LLC, Respondent, v. WINSOME COOMBS, Appellant, et al., Defendants.

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

Decided November 25, 2020.

Attorney(s) appearing for the Case

Chidi Eze , Brooklyn, for appellant.

Ras Boriskin, LLC, Westbury, for respondent.

ROMAN, J.P., MALTESE and IANNACCI, JJ., concur.

OPINION OF THE COURT

This appeal requires us to address a new statute, RPAPL 1302-a (as added by L 2019, ch 739, § 1), and consider its impact on the affirmative defense of lack of standing and the operation of the waiver provisions contained in CPLR 3211(e). We conclude that, in this case, the Supreme Court should have...

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