Practice point: The Appellate Division affirmed the denial of the motion to vacate on the ground of
newly-discovered evidence, pursuant to CPLR 5015[a][2]. The alleged transfer of the
subject mortgage, which purportedly occurred after the entry of the
judgment of foreclosure and sale, is not newly-discovered evidence within the meaning of the statute.
Student note: The court properly denied defendant's motion to renew, as he failed
to offer a reasonable justification for not presenting the alleged new
facts on his prior motions, pursuant to CPLR 2221[e][3].
Case: Tribeca Lending Corp. v. Bartlett, NY Slip Op 07429 (1st Dept. 2014)
Here is the decision.
Tomorrow's issue: Right-of-way, negligence, and summary judgment..
