Tribeca Lending Corp. v. Bartlett

2017 NY Slip Op 8735, 156 A.D.3d 519, 65 N.Y.S.3d 445

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 14, 2017
• Docket: 5220 105275/07
• Status: Published

Opinion

Order, Supreme Court, New York County (Shlomo Hagler, J.), entered November 1, 2016, which denied defendant Gregory Bartlett’s motion to vacate a judgment of foreclosure and sale, unanimously affirmed, without costs.

Defendant may not relitigate issues resolved in prior appeals in this case (see 121 AD3d 613 [1st Dept 2014]; 103 AD3d 516 [1st Dept 2013]; 84 AD3d 496 [1st Dept 2011]). Nor may he raise new arguments in this appeal, because he had a full and fair opportunity to raise them in the prior appeals, and he has made no showing of subsequent evidence or a change of law (see Delgado v City of New York, 144 AD3d 46, 51 [1st Dept 2016]; see also East N.Y. Sav. Bank v Sun Beam Enters., 248 AD2d 245, 246 [1st Dept 1998]).

We have considered defendant’s remaining arguments and find them unavailing.

Concur—Gische, J.P., Webber, Oing, Singh and Moulton, JJ.