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WELLS FARGO BANK, N.A. v. MERINO

9589, 380676/13.

173 A.D.3d 491 (2019)

99 N.Y.S.3d 877

2019 NY Slip Op 04655

Wells Fargo Bank, N.A., Respondent, v. Reyes Merino, Appellant, et al., Defendants.

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

Decided June 11, 2019.

It was an improvident exercise of discretion to apply the law of the case doctrine and decline to reconsider whether plaintiff established that RPAPL 1304 notices were properly and timely sent as a condition precedent to the commencement of its foreclosure action (Aurora Loan Servs., LLC v Weisblum, 85 A.D.3d 95, 106 [2d Dept 2011]; see Emigrant Mtge. Co., Inc. v Lifshitz, 143 A.D.3d 755

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