Bank of New York Mellon v. Arthur

Orders, Supreme Court, New York County (Cynthia S. Kern, J.), entered October 24, 2013, and November 27, 2013, which, to the extent appealed from as limited by the briefs, granted plaintiffs motion for summary judgment on its mortgage foreclosure claim and to dismiss defendant’s affirmative defenses and counterclaims, and denied defendant’s cross motion for summary judgment, unanimously affirmed, without costs.

Contrary to plaintiffs argument, the arguments raised by defendant for the first time on appeal may be considered since the issues raised are determinative and present purely legal…