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DEUTSCHE BANK NATL. v. JACKSON
Appellate Division of the Supreme Court of New York, Second Department.
Dec 8, 2009
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Ordered that the judgment is affirmed, with costs.
Having failed to interpose an answer which asserted the defense of lack of standing or to file a timely pre-answer motion raising that defense, the defendant St. Clair Jackson waived such defense pursuant to CPLR 3211 (e) ( see HSBC Bank, USA v Dammond, 59 AD3d 679; Wells Fargo Bank Minn., N.A. v Mastropaolo, 42 AD3d 239). Moreover, contrary to Jackson's contention, under the circumstances of this case, there was no need to conduct a hearing prior to the issuance of the referee's report ( see LBV Props, v Greenport Dev. Co., 188 AD2d 588).
Jackson's remaining contentions are without merit.
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