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DEUTSCHE BANK NATIONAL TRUST COMPANY v. JACKSON

2008-00535

68 A.D.3d 805 (2009)

2009 NY Slip Op 9181

889 N.Y.S.2d 477

DEUTSCHE BANK NATIONAL TRUST COMPANY, Respondent, v. ST. CLAIR JACKSON, Appellant, et al., Defendants.

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

Decided December 8, 2009.

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 A.D.3d 679 [2009]; Wells Fargo Bank Minn., N.A. v Mastropaolo, 42 A.D.3d 239

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