The Appellate Division of the Supreme Court of the State of New York has dismissed an appeal from U.S. Bank National Association in a mortgage foreclosure case involving Nii Badu Kotei. This decision was made on September 16, 2026, and it impacts U.S. Bank's efforts to pursue foreclosure against Kotei.

The court ruled that the appeal was not valid because the denial of a motion for leave to reargue is not appealable. This ruling is significant as it affects how mortgage lenders can challenge court decisions in foreclosure cases.

Background

The case, U.S. Bank Natl. Assn. v. Nii Badu Kotei, was filed under docket number 2024-11869. U.S. Bank sought to foreclose on a mortgage held by Kotei. The dispute began when U.S. Bank filed a motion for a judgment of foreclosure and sale. However, this initial motion was denied by the Supreme Court of Kings County on March 8, 2018.

Following the denial of its motion, U.S. Bank attempted to reargue the case, believing that there were grounds to reconsider the earlier decision. On January 10, 2019, the court denied U.S. Bank's request to reargue the original motion. This led U.S. Bank to file an appeal against the order denying reargument.

The Ruling

The Appellate Division, consisting of Judges Lara J. Genovesi, Barry E. Warhit, Donna-Marie E. Golia, and Phillip Hom, reviewed the appeal. The court concluded that the appeal must be dismissed. The judges stated, “the denial of a motion for leave to reargue is not appealable.” This ruling clarified that U.S. Bank could not proceed with its appeal based on the denial of its request to reargue the earlier decision.

The court emphasized that there was no evidence in the record showing that the Supreme Court had granted reargument and changed its original decision. As a result, U.S. Bank's efforts to challenge the denial of its motion for foreclosure were effectively halted by this ruling.

Impact

This ruling has important implications for U.S. Bank and similar financial institutions. It sets a precedent that limits the ability of lenders to appeal decisions that deny motions for reargument in foreclosure cases. This could discourage banks from pursuing appeals in similar situations, knowing that such appeals may not be valid.

The decision also highlights the importance of understanding the procedural rules surrounding foreclosure actions. It serves as a reminder to lenders that they must carefully navigate the legal process and ensure that their motions are properly supported to avoid dismissal.

What's Next

Details were not available in the court filing regarding whether U.S. Bank plans to pursue any further legal action or if there are related cases pending. However, it is clear that the dismissal of this appeal limits U.S. Bank's options in this particular foreclosure case.