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BANK OF NEW YORK MELLON v. DAVIS

Index No. 850339/13. Appeal No. 210. Case No. 2022-02123.

219 A.D.3d 420 (2023)

194 N.Y.S.3d 27

2023 NY Slip Op 04413

The Bank of New York Mellon, Formerly Known as The Bank of New York, as Trustee for the Certificateholders of CWALT Inc., Alternative Loan Trust 2007-7T2, Mortgage Pass-Through Certificates, Series 2007-7T2, Respondent, v. Chester B. Davis, Sr., Appellant.

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

Decided August 24, 2023.

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—Renwick, P.J., Kapnick, Gesmer, Pitt-Burke, Higgitt, JJ.

Order, Supreme Court, New York County (Arthur F. Engoron, J.), entered March 30, 2022, which, to the extent appealed from, denied defendant's motion to toll interest on the judgment of foreclosure and sale, unanimously affirmed, without costs.

Supreme Court providently exercised its discretion in declining to toll interest running on defendant's mortgage (see U.S. Bank, N.A. v Cordero, 191 A.D.3d 490, 491 [1st Dept 2021]; Bank of N.Y. Mellon v George,

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