NRZ PASS-THROUGH TRUST IV v. ROUGE

Index No. 810148/11. Appeal No. 14584. Case No. 2021-01158.

199 A.D.3d 466 (2021)

154 N.Y.S.3d 235

2021 NY Slip Op 06095

NRZ Pass-Through Trust IV, by U.S. Bank National Association as Trustee, Appellant, v. Francoise Rouge, Respondent, et al., Defendants.

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

Decided November 9, 2021.


Attorney(s) appearing for the Case

Friedman Vartolo LLP, New York ( Richard O'Brien of counsel), for appellant.

Kathy A. Polias , Brooklyn, for respondent.

Concur—Manzanet-Daniels, J.P., Oing, Moulton, Scarpulla, JJ.


Plaintiff's motion for leave to renew pursuant to CPLR 2221(e) was properly denied because the supposed "new facts" on which the renewal motion was primarily based was a notice of appearance that had been filed with the court four years earlier by defendant's prior attorney, who was suspended and then disbarred. Plaintiff offered no reasonable justification for why it failed to find and timely present this document, which was a matter of public record in the court file, in...

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