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MLRN LLC v. U.S. BANK N.A.

Index No. 652712/18. Appeal No. 12765. Case No. 2020-00886.

190 A.D.3d 426 (2021)

135 N.Y.S.3d 634

2021 NY Slip Op 00025

MLRN LLC, Respondent, v. U.S. Bank National Association, Appellant.

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

Decided January 5, 2021.

Attorney(s) appearing for the Case

Jones Day, New York ( David F. Adler and Louis A. Chaiten of the bar of the State of Ohio, admitted pro hac vice, of counsel), for appellant.

Wollmuth Maher & Deutsch LLP, New York ( John R. Hein and Timothy A. DeLange of the bar of the State of California, admitted pro hac vice, of counsel), for respondent.

Faegre Drinker Biddle & Reath LLP, New York ( Clay J. Pierce of counsel), Amicus Curiae.

Concur—Renwick, J.P., Gische, Kern, Oing, Mendez, JJ.

Defendant—who was also the defendant in Blackrock Balanced Capital Portfolio (FI) v U.S. Bank N.A. (165 A.D.3d 526 [1st Dept 2018])—may not relitigate the issue that it raised therein and that was decided against it (see e.g. Buechel v Bain, 97 N.Y.2d 295, 303 [2001], cert denied 535 U.S. 1096 [2002]), namely, "Once performance of the demand requirement in the no-action...

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