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Lack of Standing Argument Waived

In this foreclosure action, the Third Department determined failure to raise plaintiff’s lack of standing in either the answer or the pre-answer motion to dismiss the complaint constituted a waiver of the defendant’s standing argument.  HSBC Bank USA v Ashley, 513730, Third Dept. 3-7-13

 

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Defective Handrail Could Have Been Factor in Plaintiff’s Injuries. Failure to Determine if Witness Would Testify Required New Hearing