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U.S. BANK, N.A. v. RUSSELL-ESPOSITO

2008-10077.

71 A.D.3d 1127 (2010)

896 N.Y.S.2d 911

U.S. BANK, N.A., Respondent, v. SHERRETH F. RUSSELL-ESPOSITO, Appellant.

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

Decided March 30, 2010.

Ordered that the appeal is dismissed, without costs or disbursements.

The Supreme Court properly treated the defendant's motion as one for leave to reargue, since the mortgagor failed to offer any new facts not offered on the prior motion (see Karten v Alvarez & Son Transp., Inc., 56 A.D.3d 528, 529 [2008]). Rather, the defendant sought the same relief she sought on her prior motion, without proffering any new facts...

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