| TD Bank, N.A. v Chaim |
| 2016 NY Slip Op 04401 [140 AD3d 850] |
| June 8, 2016 |
| Appellate Division, Second Department |
[*1]
| TD Bank, N.A., Respondent, v YeshivaChofetz Chaim, Appellant, et al., Defendants. |
Phillip J. Murphy, PLLC, New City, NY, for appellant.
Corbally, Gartland and Rappleyea, LLP, Poughkeepsie, NY (William F. Bogle, Jr.,of counsel), for respondent.
In an action to foreclose a mortgage, the defendant Yeshiva Chofetz Chaim appealsfrom an order of the Supreme Court, Rockland County (Kelly, J.), dated August 22,2014, which denied its motion for leave to renew its cross motion, inter alia, to set asidethe sale of the subject premises, which was denied in an order of the same court enteredMarch 12, 2014.
Ordered that the order dated August 22, 2014, is affirmed, with costs.
Although the Supreme Court improperly treated the motion of the defendant YeshivaChofetz Chaim as a motion for leave to reargue rather than as a motion for leave torenew (see CPLR 2221 [d], [e]), the court providently exercised its discretion indenying the motion because it was based on evidence that, with due diligence, couldhave been discovered earlier (see Matter of Allstate Ins. Co. v Liberty Mut. Ins., 58 AD3d727, 728 [2009]; Elder vElder, 21 AD3d 1055, 1055 [2005]). Rivera, J.P., Dickerson, Maltese andBarros, JJ., concur.