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US BA. NATL. v. EADDY
Ordered that the order is affirmed, with costs.
The plaintiff met its initial burden of establishing its entitlement to judgment as a matter of law by producing the mortgage, the unpaid note, and documentation evidencing the appellant's default in her payment obligations ( see Ferri v Ferri, 71 AD3d 949; Countrywide Home Loans, Inc. v Delphonse, 64 AD3d 624, 625; Wells Fargo Bank Minn., N.A. v Mastropaolo, 42 AD3d 239, 241-242). In opposition, the appellant failed to raise a triable issue of fact. The appellant waived any defense based on the plaintiffs alleged lack of standing because she failed to interpose an answer asserting the defense or file a timely pre-answer motion raising that defense ( see Deutsche Bank Natl. Trust Co. v Jackson, 68 AD3d 805; Wells Fargo Bank Minn., N.A. v Mastropaolo, 42 AD3d at 244).
The appellant's remaining contentions either are improperly raised for the first time on appeal, are without merit, or have been rendered academic by our determination.
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