Legal Opinion
Emigrant Mtge. Co., Inc. v. Lifshitz
Appellate Division of the Supreme Court of the State of New York
Decided October 12, 2016No. 2015-10824PublishedCited by 3 opinions
1Opinion of the Court
In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Lewis, J.), dated August 18, 2015, which denied its motion to confirm the report of a referee and for leave to enter a judgment of foreclosure and sale.
Ordered that the order is affirmed, with costs.
The Supreme Court did not improvidently exercise its discretion in declining to apply the doctrine of law of the case and in reconsidering the issue of whether RPAPL 1304 was applicable to the loan in this case (see National Mtge. Consultants v Elizaitis, 23 AD3d 630, 630 [2005]; see…
2Cases cited5 opinions
- People v. EvansNew York Court of Appeals · 2000
- Citimortgage, Inc. v. EspinalAppellate Division of the Supreme Court of the State of New York · 2015
- JPMorgan Chase Bank, N.A. v. KutchAppellate Division of the Supreme Court of the State of New York · 2016
- National Mortgage Consultants v. ElizaitisAppellate Division of the Supreme Court of the State of New York · 2005
- Mazur Bros. Realty, LLC v. StateAppellate Division of the Supreme Court of the State of New York · 2014
3Cited by3 opinions
- U.S. Bank Trust, N.A. v. RudickAppellate Division of the Supreme Court of the State of New York · 2017
- US Bank National Ass'n v. RichardAppellate Division of the Supreme Court of the State of New York · 2017
- Fuczynski v. 144 Div., LLCAppellate Division of the Supreme Court of the State of New York · 2026