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NATIONSTAR MORTGAGE, LLC v. COGEN

850118/15-5881B 5881A 5881.

159 A.D.3d 428 (2018)

72 N.Y.S.3d 48

2018 NY Slip Op 01413

NATIONSTAR MORTGAGE, LLC, Respondent, v. MICHAEL COGEN, Appellant, et al., Defendants.

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

Decided March 1, 2018.

Contrary to defendant's argument, the doctrine of collateral estoppel does not bar plaintiff from relitigating the issue of standing, because the issues in the prior action and the instant action are not identical. The issue in the prior action was whether Aurora Loan Services, LLC had standing as of March 30, 2009; the issue in the instant case is whether plaintiff had standing as of March 13, 2015 (see U.S. Bank, N.A. v Foote...

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