| Aames Funding Corp. v Houston |
| 2008 NY Slip Op 10105 [57 AD3d 808] |
| December 23, 2008 |
| Appellate Division, Second Department |
| Aames Funding Corporation, Respondent, v Leonard W.Houston et al., Appellants, et al., Defendants. |
—[*1] Lucille Houston, Middletown, N.Y., appellant pro se. Steven J. Baum, P.C., Buffalo, N.Y. (Charles D.J. Case of counsel), for respondent.
In an action to foreclose a mortgage, the defendants Leonard W. Houston and LucilleHouston separately appeal from an order of the Supreme Court, Orange County (Owen, J.), datedJanuary 3, 2008, which granted the plaintiff's motion to extend a notice of pendency for anadditional three years and denied the cross motion of the defendant Leonard W. Houston, inwhich the defendant Lucille Houston joined, to cancel the notice of pendency.
Ordered that the order is affirmed with costs.
A notice of pendency is valid for three years from the date of filing. A party seeking toextend a notice of pendency for an additional three-year period must first make a showing ofgood cause (see CPLR 6513; Matter of Sakow, 97 NY2d 436, 442 [2002]; RKO Props., Ltd. v Boymelgreen, 31AD3d 625 [2006]). Here, the plaintiff established good cause for extending the notice ofpendency by showing that the instant foreclosure action was automatically stayed as a result ofone of the appellants having filed for bankruptcy (see Stassou v Casini & Huang Constr.,203 AD2d 357 [1994]).[*2]
The appellants' challenge to the plaintiff's standing is notproperly before this Court, as we are bound by the law of the case established by the decision andorder on the prior appeal of this matter (see Aames Funding Corp. v Houston, 44 AD3d 692, 693 [2007];see generally Abbas v Cole, 44AD3d 31, 37 [2007]). In any event, even if the law of the case doctrine was inapplicable, thedefendants waived the defense of standing by not raising it as an affirmative defense or by way ofmotion to dismiss (see CPLR 3211 [e]; Matter of Fossella v Dinkins, 66 NY2d162, 167-168 [1985]; Wells Fargo BankMinn., N.A. v Mastropaolo, 42 AD3d 239, 242-243 [2007]). Fisher, J.P., Florio, Carniand Chambers, JJ., concur.