On October 30, 2024, the Second Department issued a decision in U.S. Bank NA.. v. Callegari-Orlando, 2024 NY Slip Op. 05366, holding that a party cannot raise non-jurisdictional defenses if a default judgment against it has not been vacated, explaining:
The defendant was required to vacate her default prior to raising nonjurisdictional defenses, including that the plaintiff failed to comply with RPAPL 1304. Here, as the Supreme Court properly determined, the defendant failed to establish grounds to vacate her default in opposing those branches of the plaintiff’s motion which were for summary judgment on the complaint insofar as asserted against her, to strike her answer and affirmative defenses, and for an order of reference. Since the defendant failed to vacate her default, she was precluded from asserting defenses based on lack of standing and failure to comply with RPAPL 1304.
(Internal citations omitted).