Justice Ingrid Joseph
Sheryll Mizell sought to vacate a prior order, compel discovery and dismiss this foreclosure action. Her mother, Ophelia, cross-moved to vacate and set aside her default in answering. US Bank argued Sheryll's motion lacked merit, and asserted Ophelia's cross-motion should be denied as she failed to satisfy CPLR 5015(a)(1). The court noted in accordance with the law of the case doctrine, it was bound by the prior court's decisions, and would not reexamine the request to compel discovery. Ophelia sought a hearing to establish that the deed upon which the mortgage was based was void. The court found Ophelia's excuse for her default vague and unsupported by specific facts. Ophelia claimed she was unaware Sheryll took out multiple mortgages on the property, and did not authorize transfer of the property to Sheryll. She presented copies of two deeds, the second of which was not notarized, transferring title from Ophelia to Sheryll. As such, issues of integrity in the transfer of the deed were raised, warranting a hearing if the deed was forged or obtained under false pretenses. Hence, Ophelia's cross-motion was granted to the extent the parties were ordered to appear for a hearing to determine if fraud in the factum occurred in the deed's transfer.