Aames Funding Corp. v. Houston
872 N.Y.2d 134
N.Y. App. Div.
2008
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AAMES FUNDING CORPORATION, Respondent, v LEONARD W. HOUSTON et al., Appellants, et al., Defendants.

December 23, 2008

872 N.Y.S.2d 134

A notice of pendency is valid for three years from the date of filing. A party seeking to extend a notice of pendency for an additional three-year period must first make a showing of good cause (see CPLR 6513; ; ). Here, the plaintiff established good cause for extending the notice of pendency by showing that the instant foreclosure action was automatically stayed as a result of one of the appellants having filed for bankruptcy (see ).

The appellants’ challenge to the plaintiff‘s standing is not properly before this Court, as we are bound by the law of the case established by the decision and order on the prior appeal of this matter (see ; see generally ). In any event, even if the law of the case doctrine was inapplicable, the defendants waived the defense of standing by not raising it as an affirmative defense or by way of motion to dismiss (see CPLR 3211 [e]; ; ).

Fisher, J.P., Florio, Carni and Chambers, JJ., concur.