HSBC Bank USA, National Ass'n v. Calderon

1 Citing case

  1. Target Nat'l Bank v. Lovrin

    44 Misc. 3d 130 (N.Y. App. Term 2014)

    We note that defendant, who was self represented in the Civil Court, acted at her own peril and that she acquired no greater rights than any other litigant ( see Roundtree v. Singh, 143 A.D.2d 995 [1998] ). In addition, defendant's contention regarding plaintiff's lack of standing was raised for the first time on appeal and will not be considered ( see HSBC Bank USA, Natl. Assn. v. Calderon, 115 A.D.3d 708 [2014] ). In any event, defendant did not assert the affirmative defense that plaintiff lacked standing in her answer or in a pre-answer motion to dismiss and, thus, this defense has been waived ( see CPLR 3211[e]; U.S. Bank, N.A. v. Denaro, 98 A.D.3d 964 [2012] ).