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BANK OF N.Y. MELLON v. GLASGOW

2019-07897, Index No. 710921/15.

206 A.D.3d 790 (2022)

168 N.Y.S.3d 331

2022 NY Slip Op 03881

Bank of New York Mellon, Respondent, v. Patricia Glasgow, Appellant, et al., Defendants.

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

Decided June 15, 2022.

Attorney(s) appearing for the Case

Petroff Amshen LLP, Brooklyn, NY (Serge F. Petroff, James Tierney, and Steven Amshen, of Counsel) for appellant.

Davidson Fink LLP, Rochester, NY (Richard N. Franco, of Counsel) for respondent.

Connolly, J.P., Maltese, Wooten and Genovesi, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The appellant's contention that the plaintiff's submissions in support of its motion, inter alia, for summary judgment on the complaint insofar as asserted against the appellant failed to demonstrate its strict compliance with the service requirements of RPAPL 1304 is improperly raised for the first time on appeal (see Fnbn I, LLC v DiTomasso, 199 A.D.3d 656, 657-658 [2021]; Bank of...

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