| US Bank N.A. v Eaddy |
| 2010 NY Slip Op 09503 [79 AD3d 1022] |
| December 21, 2010 |
| Appellate Division, Second Department |
| US Bank National Association, Respondent, v Shelley R.Eaddy, Appellant, et al., Defendants. |
—[*1] Hogan Lovells US, LLP, New York, N.Y. (Allison J. Schoenthal, Victoria McKenney, andJessica L. Ellsworth of counsel), for respondent.
In an action to foreclose a mortgage, the defendant Shelley R. Eaddy appeals from an order of theSupreme Court, Rockland County (Berliner, J.), dated September 9, 2009, which granted the plaintiff'smotion, in effect, for summary judgment on the complaint.
Ordered that the order is affirmed, with costs.
The plaintiff met its initial burden of establishing its entitlement to judgment as a matter of law byproducing the mortgage, the unpaid note, and documentation evidencing the appellant's default in herpayment obligations (see Ferri v Ferri,71 AD3d 949 [2010]; CountrywideHome Loans, Inc. v Delphonse, 64 AD3d 624, 625 [2009]; Wells Fargo Bank Minn., N.A. vMastropaolo, 42 AD3d 239, 241-242 [2007]). In opposition, the appellant failed to raise atriable issue of fact. The appellant waived any defense based on the plaintiff's alleged lack of standingbecause she failed to interpose an answer asserting the defense or file a timely pre-answer motionraising that defense (see Deutsche Bank Natl.Trust Co. v Jackson, 68 AD3d 805 [2009]; Wells Fargo Bank Minn., N.A. vMastropaolo, 42 AD3d at 244).
The appellant's remaining contentions either are improperly raised for the first time on appeal, arewithout merit, or have been rendered academic by our determination. Rivera, J.P., Dillon, Angiolilloand Austin, JJ., concur.