MidFirst Bank v. Ajala , 146 A.D.3d 875 ( 2017 )

MidFirst Bank v Ajala (2017 NY Slip Op 00298)

MidFirst Bank v Ajala

2017 NY Slip Op 00298

Decided on January 18, 2017

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 18, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
REINALDO E. RIVERA, J.P.
LEONARD B. AUSTIN
SHERI S. ROMAN
FRANCESCA E. CONNOLLY, JJ.

2013-03996
(Index No. 12752/07)

[*1]MidFirst Bank, respondent,

v

Joseph Ajala, appellant, et al., defendants.

Joseph Ajala, Mount Vernon, NY, appellant pro se.

Frenkel Lambert Weiss Weisman & Gordon, LLP, Bay Shore, NY (Joseph F. Battista and Christopher P. Kohn of counsel), for respondent.

DECISION & ORDER

In an action to foreclose a mortgage, the defendant Joseph Ajala appeals from an order of the Supreme Court, Westchester County (Lefkowitz, J.), dated March 20, 2013, which denied his motion to vacate a judgment of foreclosure and sale of the same court dated July 2, 2012.

ORDERED that the order is affirmed, with costs.

Contrary to the appellant's contentions, he waived the defenses of lack of standing, statute of limitations, and personal jurisdiction by failing to raise them in his answer or in a pre-answer motion to dismiss (see CPLR 320[b]; 3211[a][5], [8]; [e]; South Point, Inc. v Rana, 139 AD3d 935, 935-936; Ferri v Ferri, 71 AD3d 949, 950).

The appellant's remaining contentions are without merit.

Accordingly, the Supreme Court properly denied the appellant's motion to vacate a judgment of foreclosure and sale.

RIVERA, J.P., AUSTIN, ROMAN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court