Appellate Division of the Supreme Court of the State of New York May 29, 2007 (Wells Fargo Bank Minnesota, National Ass'n v. Mastropaolo)

OPINION OF THE COURT

Prudenti, P.J.

The issue presented on this appeal is whether a party’s alleged lack of standing to commence the action is a defense that is waived if not raised in an answer or in a pre-answer motion to dismiss the complaint.