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BRANCH BANKING AND TRUST COMPANY v. FARBER

11315, 651295/12.

181 A.D.3d 547 (2020)

119 N.Y.S.3d 742

2020 NY Slip Op 02118

Branch Banking and Trust Company, Respondent, v. Leonard A. Farber et al., Appellants.

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

Decided March 26, 2020.

The court providently exercised its discretion in finding that defendants' December 2018 motion, which was based on plaintiff's alleged fraud in its December 2013 brief, was not made within a reasonable time (see Mark v Lenfest, 80 A.D.3d 426 [1st Dept 2011]). It also providently exercised its discretion in denying the motion on the merits (see Nash v Port Auth. of N.Y. & N.J.,...

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