Nationstar Mtge. LLC v Oden

2024 NY Slip Op 32433(U)

July 12, 2024

Supreme Court, Kings County

Docket Number: Index No. 504255/2017

Judge: Derefim B. Neckles

Cases posted with a "30000" identifier, i.e., 2013 NY Slip

Op 30001(U), are republished from various New York

State and local government sources, including the New

York State Unified Court System's eCourts Service.

This opinion is uncorrected and not selected for official

publication.
FILED: KINGS COUNTY CLERK 07/15/2024 02:45 PM INDEX NO. 504255/2017

NYSCEF DOC. NO. 163 RECEIVED NYSCEF: 07/15/2024

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At an IAS Term, Part FRP-2 of the Supreme Court 

of the State of New York, held in and for the 

County of Kings, at the Courthouse, at 360 Adams 

Street, Brooklyn, New Yark, 11201 on the 12th day 

of July 2024. 

PRESENT: 

HON. DEREFIM B. NECKLES, 

Acting Justice. 

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NATIONST AR MORTGAGE LLC D/B/ A 

CHAMPION MORTGAGE COMPANY, 

Plaintiff, 

- against -

GLORIA ODEN AS HEIR AND 

DISTRIBUTEE OF THE ESTATE OF JEAN 

ODEN; YASMINAH ODEN AS HEIR 

AND DISTRIBUTEE OF THE ESTATE OF 

JEAN ODEN; HEIRS AND DISTRIBUTEES 

OF THE ESTATE OF JEAN ODEN; 

SECRETARY OF HOUSING AND URBAN 

DEVELOPMENT; NEW YORK ST ATE 

DEPARTMENT OF TAXATION AND 

FINANCE; UN1TED STATES OF AMERICA 

-INTERNAL REVENUE SERVICE; SHIRLEY 

FORD; ROXANNE "DOE"; "JANE" HARRIS; 

"JOHN" HARRIS, SIMMONA YOUNG AS 

ADMINISTRATRIX, HEIR AND 

DISTRIBUTEETO THE ESTATE OF JEAN 

ODEN, 

Defendants. 

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HS. 1, 

Index No. 504255/2017 

The following e-filed papers read herein: NYSCEF Doc Nos. 

Notice of Motion to Reargue/ Affidavits (Affirmations) Annexed 115, 116, 117 

Reply Affirmation to Motion to Reargue 118 

Upon the foregoing papers in this proceeding, the defendant Simmona Young, as heir 

and distributee of the Estate of Jean Oden (defendant) moves (under mot. seq. 4) (i) for an 

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NYSCEF DOC. NO. 163 RECEIVED NYSCEF: 07/15/2024

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order, pursuant to CPLR 2221 (a) and (d), granting defendant leave to reargue plaintiff Nation 

Star Mortgage LLC D/B/A Champion Mortgage Company (plaintiff) motion for, inter alia, 

summary judgment and appointment of a referee (mot. seq. 001), based on matters of both 

fact and law overlooked by the court in determining the motion and, upon granting such leave, 

modifying the orders entered March 27, 2023, by deleting the provisions thereof granting the 

motion, and substituting therefor provisions denying the motion for plaintiff's failure to prove 

strict compliance with, or non-applicability of, RPAPL 1304 (1-a); or, in the alternative (ii) 

for an order, pursuant to the court's inherent powers and/or in the interest of substantial justice 

under CPLR 5015, vacating the orders entered on March 27, 2023 , and substituting therefor 

an order denying plaintiff's prior motion for failure to prove strict compliance with, or nonapplicability of RP APL 1304 (1-a). 

Background 

On March 2, 2017, plaintiff filed an action to foreclose on a reverse mortgage 

encumbering property located at 3 Hart Street in Brooklyn (Block 1766, Lot 90). On May 

2 l5t, 2019, the plaintiff moved for an order: ( l) granting plaintiff summary judgment; (2) 

striking the answers and counterclaims of the answering defendants; (3) granting a default 

judgment against non-answering and non-appearing defendants; (4) appointing a referee to 

compute; and (5) amending the caption. This court granted plaintiff's motion by order dated 

March 27th, 2023. 

Discussion 

The defendant now contends that this court overlooked issues of fact or law in its 

determination in granting plaintiff's motion. CPLR §222 l ( d) provides that a motion for leave 

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to reargue: (1) shall be identified specifically as such; (2) shall be based upon matters of fact 

or law allegedly overlooked or misapprehended by the court in determining the prior motion, 

but shall not include any matters of fact not offered on the prior motion; and (3) shall be made 

within thirty days after service of a copy of the order determining the prior motion and written 

notice of its entry. "While the determination to grant leave to reargue lies within the sound 

discretion of the court, a motion for leave to reargue ' is not designed to provide an 

unsuccessful party with successive opportunities to reargue issues previously decided, or to 

present argument different from those originally presented." (Degraw Constr. Group, Inc. v. 

McGowan Bldrs., Inc., 111 N.Y.S.3D 898, 899 [2nd Dept 2019]). It may not be employed as 

a device for the unsuccessful party to assume a different position inconsistent with that taken 

on the original motion. It is not an appropriate vehicle for raising new questions. See CPLR 

2221 · (Foley v Roche, 68 AD2d 558 [Pt Dept 1979]; Simpson v Loehmann, 21NY2d 990 

[ 1968]. 

This court finds that defendant has attempted to reargue the court's prior decision of 

March 27, 2023 , by raising new issues not previously addressed. However, defendant failed 

to prove that this court overlooked or misapprehended any matters of fact or law in its prior 

decision. As previously noted, a motion to reargue does not afford an unsuccessful party an 

opportunity to advance arguments different from those proffered in the original motion 

(CPLR 2221 ; Foley v Roche, Supra). 

Accordingly, it is hereby 

ORDERED that defendant's moti.on to reargue the court's prior decision is denied in 

its entirety. 

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NYSCEF DOC. NO. 163 RECEIVED NYSCEF: 07/15/2024

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This constitutes the decision and order of the court. 

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ENTER, 

0/~ 

HON. DEREFIM B. NECKLES 

A. J. S. C. 

HON. OEREFIM B. NECKLES 

A.J.S.C. 

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