BANK OF AMERICA, N.A. v. THOMAS

831, 35039/12.

138 A.D.3d 523 (2016)

29 N.Y.S.3d 346

2016 NY Slip Op 02910

BANK OF AMERICA, N.A., Successor by Merger to BAC HOME LOAN SERVICING LP, Respondent, v. BINU THOMAS et al., Appellants, et al., Defendants.

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

Decided April 14, 2016.


Order, Supreme Court, Bronx County (Mary Ann Brigantti, J.), entered November 24, 2014, which, to the extent appealed from as limited by the briefs, granted plaintiff bank's motion for summary judgment of foreclosure, unanimously reversed, on the law, without costs, and the motion denied.

As a preliminary matter, we can consider defendants' legal arguments attacking plaintiff's prima facie showing raised for the first time on appeal (see Chateau D' If Corp. v City...

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