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U.S. BANK TRUST, N.A. v. STEWART

Index No. 850292/17. Appeal No. 13542. Case No. 2020-03277.

193 A.D.3d 473 (2021)

141 N.Y.S.3d 699

2021 NY Slip Op 02123

U.S. Bank Trust, N.A., Respondent, v. Doris E. Stewart, Appellant, et al., Defendants.

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

Decided April 6, 2021.

Attorney(s) appearing for the Case

Petroff Amshen LLP, Brooklyn ( James Tierney of counsel), for appellant.

Locke Lord LLP, New York ( Andrew M. Braunstein of counsel), for respondent.

Concur—Renwick, J.P., Kennedy, Scarpulla, Shulman, JJ.

Supreme Court providently exercised its discretion in granting leave to renew, as it appears from the record that US Bank reasonably believed that the language in its de-acceleration notice was clear in its intent to de-accelerate, and was unaware that Supreme Court would require more, i.e., monthly mortgage statements (see Milone v US Bank N.A., 164 A.D.3d 145, 153 [2d Dept 2018], lv dismissed 34 N.Y.3d 1009 [2019]; see...

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