| Deutsche Bank Natl. Trust Co. v Jackson |
| 2009 NY Slip Op 09181 [68 AD3d 805] |
| December 8, 2009 |
| Appellate Division, Second Department |
| Deutsche Bank National Trust Company,Respondent, v St. Clair Jackson, Appellant, et al.,Defendants. |
—[*1] Forsyth, Howe, O'Dwyer, Kalb & Murphy, P.C., Rochester, N.Y. (Gerald N. Murphy ofcounsel), for respondent.
In an action to foreclose a mortgage, the defendant St. Clair Jackson appeals from ajudgment 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 filea timely pre-answer motion raising that defense, the defendant St. Clair Jackson waived suchdefense pursuant to CPLR 3211 (e) (seeHSBC Bank, USA v Dammond, 59 AD3d 679 [2009]; Wells Fargo Bank Minn., N.A. vMastropaolo, 42 AD3d 239 [2007]). Moreover, contrary to Jackson's contention, underthe circumstances of this case, there was no need to conduct a hearing prior to the issuance of thereferee'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.