Standing (not a jurisdictional defect) and waiver and sua sponte

Countrywide Home Loans, Inc. v Campbell, 2018 NY Slip Op 05749 [2d Dept 2018]

To the extent that the Supreme Court addressed the issue of the plaintiff's standing in the order appealed from, a party's lack of standing does not constitute a jurisdictional defect and does not warrant a sua sponte dismissal of the complaint by the court (see U.S. Bank, N.A. v Emmanuel, 83 AD3d 1047, 1048-1049). Moreover, since the defendant defaulted in appearing or answering the complaint, and failed to move to vacate his default, he is precluded from asserting lack of standing as a defense (see First Franklin Fin. Corp. v Alfau, 157 AD3d 863).

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