BANK NATIONAL ASSOCIATION v. KOTEI (2026)

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

U.S. BANK NATIONAL ASSOCIATION, Etc., Appellant, v. Nii Badu KOTEI, Respondent, et al., Defendants.

2024–11869

Decided: September 16, 2026

LARA J. GENOVESI, J.P., BARRY E. WARHIT, DONNA–MARIE E. GOLIA, PHILLIP HOM, JJ.

Tromberg, Morris & Partners, PLLC, New York, NY (Kristin Bolduc and Heino Muller of counsel), for appellant. Michael J. Collesano, LLM, P.C., New York, NY, for respondent.

DECISION & ORDER

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Karen B. Rothenberg, J.), dated January 10, 2019. The order denied the plaintiff's motion for leave to reargue its prior motion for a judgment of foreclosure and sale, which had been denied in an order of the same court dated March 8, 2018.

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument.

The underlying facts of this action are summarized in a companion appeal decided herewith (see U.S. Bank N.A. v Kotei, ––– AD3d –––– [Appellate Division Docket No. 2024–04129] ).

Following the denial of the plaintiff's motion for a judgment of foreclosure and sale, the plaintiff moved for leave to reargue that motion. The Supreme Court denied leave to reargue in an order dated January 10, 2019. The plaintiff appeals.

The appeal from the order dated January 10, 2019, must be dismissed, as the denial of a motion for leave to reargue is not appealable (see People v Blackwood, 231 AD3d 1165, 1166; Brilliantine v East Hampton Fuel Oil Corp., 221 AD3d 951, 952; Matter of Lillian G. [Steven G.—Gary G.], 208 AD3d 871, 874). Contrary to the plaintiff's contention, there is no evidence in the record that the Supreme Court granted reargument and adhered to its original determination.

GENOVESI, J.P., WARHIT, GOLIA and HOM, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network