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BANK OF N.Y. MELLON v. DAVIS

850339/13. Appeal No. 16333. Case No. 2022-00370.

209 A.D.3d 426 (2022)

174 N.Y.S.3d 835

2022 NY Slip Op 05586

The Bank of New York Mellon, Formerly Known as The Bank of New York, as Trustee (CWALT 2007-7T2), Respondent, v. Chester B. Davis, Sr., Appellant.

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

Decided October 6, 2022.

Attorney(s) appearing for the Case

Biolsi Law Group P.C., New York ( Steven Alexander Biolsi of counsel), for appellant.

Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, Bay Shore ( Ruth O'Connor of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Moulton, Kennedy, Pitt, JJ.

Order and judgment (one paper), Supreme Court, New York County (Arthur F. Engoron, J.), entered June 24, 2021, which granted plaintiff's motion to confirm the Referee report and the judgment of foreclosure and sale, unanimously affirmed, without costs.

Supreme Court had broad discretion in determining whether plaintiff established good cause for the delay in filing the second motion for summary judgment, and its determination will not be overturned unless it is improvident...

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