Deutsche Bank Natl. Trust Co. v Jackson

Deutsche Bank Natl. Trust Co. v Jackson 2009 NY Slip Op 09181 [68 AD3d 805] December 8, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

Deutsche Bank National Trust Company, Respondent,
v
St. Clair Jackson, Appellant, et al., Defendants.

—[*1] Lester & Associates, P.C., Garden City, N.Y. (Roy J. Lester of counsel), for appellant.

Forsyth, Howe, O'Dwyer, Kalb & Murphy, P.C., Rochester, N.Y. (Gerald N. Murphy of counsel), for respondent.

In an action to foreclose a mortgage, the defendant St. Clair Jackson appeals from a judgment of the Supreme Court, Kings County (Jackson, J.), dated November 30, 2007, which, inter alia, confirmed a referee's report and directed the sale of the subject property.

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 [2009]; Wells Fargo Bank Minn., N.A. v Mastropaolo, 42 AD3d 239 [2007]). 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 [1992]).

Jackson's remaining contentions are without merit. Fisher, J.P., Angiolillo, Lott and Sgroi, JJ., concur.