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BANK OF AM., N.A. v. DESTINO

2014-03742, Index No. 34710/12.

138 A.D.3d 654 (2016)

29 N.Y.S.3d 56

2016 NY Slip Op 02601

BANK OF AMERICA, N.A., Respondent, v. RALPH DESTINO, Also Known as RALPH DESTINO III, Appellant, et al., Defendants.

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

Decided April 6, 2016.

In an action to foreclose a mortgage, the defendant Ralph Destino, also known as Ralph Destino III, appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Budd, J.), dated January 17, 2014, as, upon granting the plaintiff's motion, inter alia, pursuant to CPLR 3217 (b) to discontinue the action without prejudice, denied those branches of his cross motion which were for an award of an attorney's fee pursuant to Real Property Law &...

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