NATIONSTAR MTGE. LLC v. FULLER

11445N.

182 A.D.3d 531 (2020)

122 N.Y.S.3d 628

2020 NY Slip Op 02556

Nationstar Mortgage LLC, Appellant, v. Claudette Fuller et al., Respondents, et al., Defendants.

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

Decided April 30, 2020.


The court providently exercised its discretion in declining to permit plaintiff to add to its foreclosure complaint, inter alia, an equitable subrogation cause of action and a cause of action under Real Property Law § 306 (see Davis v South Nassau Communities Hosp., 26 N.Y.3d 563, 580 [2015]; CPLR 3025[b]). Plaintiff failed to demonstrate that the proposed claims had some arguable merit. Having considered and rejected plaintiff...

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