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BANK OF N.Y. MELLON v. ADAM P10TCH, LLC

Index No. 850163/14. Appeal No. 1133. Case No. 2022-02821.

221 A.D.3d 561 (2023)

201 N.Y.S.3d 373

2023 NY Slip Op 06198

The Bank of New York Mellon, Formerly Known as the Bank of New York, as Trustee for the Certificate Holders CWALT, Inc., Alternative Loan Trust 2005-60T1 Mortgage Pass-Through Certificates Series 2005-60T1, Respondent, v. Adam P10tch LLC, Appellant, et al., Defendants.

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

Decided November 30, 2023.

Attorney(s) appearing for the Case

Villanti Law Group PLLC, Brooklyn ( Christopher Villanti of counsel), for appellant.

Akerman LLP, New York ( Jordan M. Smith of counsel), for respondent.

Concur—Kapnick, J.P., Webber, Singh, Moulton, Scarpulla, JJ.

Order, Supreme Court, New York County (Kelly O'Neill Levy, J.), entered June 29, 2022, which denied defendant-appellant's motions to renew, unanimously affirmed, with costs.

An argument as to timeliness of a motion may be raised for the first time on appeal "as it presents a question of law that can be resolved on the face of the existing record" (Wilmington Trust N.A. v Fife, 212 A.D.3d 550, 551 [1st Dept 2023]). Additionally, "a motion for leave to renew...

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