U.S. Bank Natl. Assn. v Jones, 2018 NY Slip Op 08254 (1st Dept. 2018)
“We decline to consider defendant’s new factual argument, raised for the first time on appeal, that the allonge was not firmly affixed to the note. This argument is fact based, not a question of law, and plaintiff could have responded by affidavit or otherwise below — so that it could have been avoided”
It is interesting. There is a line of cases holding that a Reply cannot new evidence. Despite that, cases note that “arguments” about the basic validity of a document or affidavit can be corrected on Reply. Perhaps we can call this post “the evolution of the reply”
