| One W. Bank, FSB v Vanderhorst |
| 2015 NY Slip Op 06793 [131 AD3d 1028] |
| September 16, 2015 |
| Appellate Division, Second Department |
[*1]
| One West Bank, FSB, Respondent, v DonnaVanderhorst, Also Known as Donna M. Vanderhorst and Others, Appellant, et al.,Defendants. |
Law Office of Peter A. Hurwitz, PLLC, New City, N.Y., for appellant.
Hinshaw & Culbertson LLP, New York, N.Y. (Benjamin Noren and SchuylerB. Kraus of counsel), for respondent.
In an action to foreclose a mortgage, the defendant Donna Vanderhorst, also knownas Donna M. Vanderhorst, also known as Donna Rodriguez, also known as Donna M.Rodriguez, appeals, as limited by her brief, from so much of an order of the SupremeCourt, Westchester County (Walker, J.), entered March 26, 2014, as granted thosebranches of the plaintiff's motion which were for summary judgment on the complaintinsofar as asserted against her and an order of reference.
Ordered that the order is affirmed insofar as appealed from, with costs.
In opposition to the plaintiff's prima facie showing of entitlement to judgment as amatter of law, the appellant failed to raise a triable issue of fact. The appellant waived theissue of standing by failing to raise that issue in a pre-answer motion to dismiss thecomplaint, or in her answer (seeDeutsche Bank Natl. Trust Co. v Islar, 122 AD3d 566 [2014]; Robinson v Plaro Estates, Inc.,119 AD3d 542 [2014]).
The appellant's remaining contentions are without merit or not properly before thisCourt.
Accordingly, the Supreme Court properly granted that branch of the plaintiff'smotion which was for summary judgment on the complaint insofar as asserted against theappellant and an order of reference. Leventhal, J.P., Miller, Hinds-Radix and Maltese,JJ., concur.