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Monthly Archives: August 2015

Posted: August 31, 2015

Lack of Standing is not a Jurisdictional Defect Justifying Sua Sponte Dismissal

On August 26, 2015, the Second Department issued a decision in Mortgage Electronic Registration System, Inc. v. Holmes, 2015 NY Slip Op. 06662, holding that a lack of standing is not a jurisdictional defect. In Mortgage Electronic Registration System, the trial court responded to the plaintiff’s motion to amend the caption to substitute a different…