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BANK OF N.Y. MELLON v. ARTHUR

104611/10, 14226, 14225.

125 A.D.3d 492 (2015)

THE BANK OF NEW YORK MELLON, Formerly Known as THE BANK OF NEW YORK, as Successor to JPMORGAN CHASE BANK, N.A., Respondent, v. KEITH ARTHUR, Appellant, et al., Defendants.

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

Decided February 17, 2015.

Contrary to plaintiff's argument, the arguments raised by defendant for the first time on appeal may be considered since the issues raised are determinative and present purely legal arguments without raising new facts (Seldon v Allstate Ins. Co., 107 A.D.3d 424 [1st Dept 2013]; Facie Libre Assoc. I, LLC v SecondMarket Holdings, Inc., 103 A.D.3d 565 [1st Dept 2013], lv

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