Opinion
01-18-2017
MIDFIRST BANK, respondent, v. Joseph AJALA, appellant, et al., defendants.
Joseph Ajala, Mount Vernon, N.Y., appellant pro se. Frenkel Lambert Weiss Weisman & Gordon, LLP, Bay Shore, N.Y. (Joseph F. Battista and Christopher P. Kohn of counsel), for respondent.
Joseph Ajala, Mount Vernon, N.Y., appellant pro se.
Frenkel Lambert Weiss Weisman & Gordon, LLP, Bay Shore, N.Y. (Joseph F. Battista and Christopher P. Kohn of counsel), for respondent.
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 A.D.3d 935, 935–936, 30 N.Y.S.3d 710 ; Ferri v. Ferri, 71 A.D.3d 949, 950, 896 N.Y.S.2d 890 ).
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.