BANK OF NEW YORK v. HUNT

Nos. 7730, 116822/06.

95 A.D.3d 687 (2012)

945 N.Y.S.2d 39

2012 NY Slip Op 3957

BANK OF NEW YORK, Respondent, v. JONATHAN M. HUNT, et al., Defendants, and AMALFI ABSTRACT, INC., Nonparty Respondent-Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 22, 2012.


The motion to renew relied upon generalized news articles reporting "robo-signing" practices by a bank that had acquired BNY's loan servicing agent. Such non-specific news articles offered insufficient factual evidence to warrant a change of the motion court's prior order finding that Amalfi was in default under the terms of sale and the judgment of foreclosure, directing that Amalfi forfeit its deposit and the apartment be resold at auction (see CPLR 2221 [e] [2]...

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