Opinion
5220 Index 105275/07
12-14-2017
TRIBECA LENDING CORPORATION, Plaintiff–Respondent, v. Gregory M. BARTLETT, etc., Defendant–Appellant, NYS Department of Taxation, et al., Defendants.
Gregory M. Bartlett, appellant pro se. Berkman, Henoch, Peterson, Peddy & Fenchel, P.C., Garden City (Daniel J. Evers of counsel), for respondent.
Gregory M. Bartlett, appellant pro se.
Berkman, Henoch, Peterson, Peddy & Fenchel, P.C., Garden City (Daniel J. Evers of counsel), for respondent.
Gische, J.P., Webber, Oing, Singh, Moulton, JJ.
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 A.D.3d 613, 994 N.Y.S.2d 306 [1st Dept. 2014] ; 103 A.D.3d 516, 959 N.Y.S.2d 432 [1st Dept. 2013] ; 84 A.D.3d 496, 923 N.Y.S.2d 451 [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 A.D.3d 46, 51, 38 N.Y.S.3d 129 [1st Dept. 2016]; see also East N.Y. Sav. Bank v. Sun Beam Enters., 248 A.D.2d 245, 246, 671 N.Y.S.2d 217 [1st Dept. 1998] ).
We have considered defendant's remaining arguments and find them unavailing.