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EMIGRANT MORTGAGE CO. INC. v. LIFSHITZ

2015-10824, Index No. 10272/09.

143 A.D.3d 755 (2016)

2016 NY Slip Op 06676

38 N.Y.S.3d 822

EMIGRANT MORTGAGE COMPANY, INC., Appellant, v. YOSEF Y. LIFSHITZ, Also Known as YOSEPH LIFSHITZ, Respondent, et al., Defendants.

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

Decided October 12, 2016.

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 A.D.3d 630, 630 [2005]; see generally People v Evans,

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