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HSBC BANK USA v. MERRILL LYNCH MORTGAGE LENDING, INC.

9524, 652793/16.

175 A.D.3d 1149 (2019)

109 N.Y.S.3d 252

2019 NY Slip Op 06567

HSBC Bank USA, Respondent-Appellant, v. Merrill Lynch Mortgage Lending, Inc., et al., Appellants-Respondents.

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

Decided September 17, 2019.

Attorney(s) appearing for the Case

O'Melveny & Myers LLP, New York ( Pamela A. Miller of counsel), for appellants-respondents.

McKool Smith, P.C., New York ( David R. Dehoney and Robert W. Scheef of counsel), for respondent-appellant.

Concur—Acosta, P.J., Richter, Kapnick, Kahn, Kern, JJ.

This Court has discretion to consider defendants' arguments under the Pooling and Servicing Agreement (PSA) § 2.03 (b), although they were first raised in reply on the motion, because they involve questions of law that can be resolved on the existing record (see Facie Libre Assoc. I, LLC v SecondMarket Holdings, Inc., 103 A.D.3d 565 [1st Dept 2013], lv denied 21 N.Y.3d 866 [2013])....

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