N.Y. Real Property Actions & Proceedings Law § 1302-a

§ 1302-a. Defense of lack of standing; not waived. Notwithstanding the\nprovisions of subdivision (e) of rule thirty-two hundred eleven of the\ncivil practice law and rules, any objection or defense based on the\nplaintiff's lack of standing in a foreclosure proceeding related to a\nhome loan, as defined in paragraph (a) of subdivision six of section\nthirteen hundred four of this article, shall not be waived if a\ndefendant fails to raise the objection or defense in a responsive\npleading or pre-answer motion to dismiss. A defendant may not raise an\nobjection or defense of lack of standing following a foreclosure sale,\nhowever, unless the judgment of foreclosure and sale was issued upon\ndefendant's default.\n