U.S. BANK N.A. v. MORAN

Index No. 850073/14. Appeal No. 13056. Case No. 2020-03308.

191 A.D.3d 451 (2021)

137 N.Y.S.3d 699

2021 NY Slip Op 00645

U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc., Respondent, v. Trevor C. Moran, Appellant, et al. Defendants.

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

Decided February 4, 2021.


Attorney(s) appearing for the Case

Rozario Touma, P.C., New York ( Rovin R. Rozario of counsel), for appellant.

Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, Bay Shore ( Keith L. Abramson of counsel), for respondent.

Concur— Manzanet-Daniels, J.P., Singh, Kennedy, Mendez, JJ.


The court improvidently exercised its discretion in applying the doctrine of law of the case and declining to reconsider defendant's contention that plaintiff failed to demonstrate its compliance with RPAPL 1304 (see Wells Fargo Bank, N.A. v Merino, 173 A.D.3d 491 [1st Dept 2019]). Although defendant raised the defense of plaintiff's noncompliance in his answer, he did not raise it in his opposition to plaintiff's motion for summary judgment, which was granted. However...

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