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US BANK N.A. v. NELSON

No. 86.

36 N.Y.3d 998 (2020)

163 N.E.3d 49

2020 NY Slip Op 07661

US BANK NATIONAL ASSOCIATION, as Trustee for DEUTSCHE ALT-A SECURITIES MORTGAGE LOAN TRUST, SERIES 2007-2 MORTGAGE PASS-THROUGH CERTIFICATES, Respondent, v. KENYATTA NELSON et al., Appellants, et al., Defendants.

Court of Appeals of New York.

Decided December 17, 2020.

Attorney(s) appearing for the Case

Gallet Dreyer & Berkey, LLP, New York City ( Jared B. Foley and David T. Azrin of counsel), for appellants.

Hogan Lovells US LLP, Washington, D.C. ( Katherine Wellington , Chava Brandriss and Matthew J. Higgins of counsel) and New York City ( Allison J. Schoenthal of counsel), for respondent.

Yolande I. Nicholson, P.C., Brooklyn ( Yolande I. Nicholson of counsel), and Petroff Amshen LLP, Brooklyn ( Serge F. Petroff of counsel), for New York Foreclosure Defense Bar, amicus curiae.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

We conclude that, under the circumstances of this case, Supreme Court did not err in granting plaintiff's motions for summary judgment and for a judgment of foreclosure and sale. Defendants failed to raise standing in their answers or in pre-answer motions as required by CPLR 3211(e) and accordingly...

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