MidFirst Bank v. Ajala
Cases that cite this one
8 later published cases cite this decision.
- Housing Trust Fund Corp. v. Nugent-Nobles (Appellate Division of the Supreme Court of New York 2025)
- Deutsche Bank Natl. Trust Co. v. George (Appellate Division of the Supreme Court of New York 2021)
- Green Tree Servicing, LLC v. Weiss (Appellate Division of the Supreme Court of New York 2020)
- Lotz v. Westbourne Apts., Inc. (Appellate Division of the Supreme Court of New York 2018)
- Gately v. Drummond (Appellate Division of the Supreme Court of New York 2018)
- 21st Mtge. Corp. v. Palazzotto (Appellate Division of the Supreme Court of New York 2018)
- Ulster Sav. Bank v. Fiore (Appellate Division of the Supreme Court of New York 2018)
- Bank of N.Y. Mellon v. Selig (Appellate Division of the Supreme Court of New York 2018)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
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 [2016]; Ferri v Ferri, 71 AD3d 949, 950 [2010]).
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.