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DEUTSCHE BANK NATIONAL TRUST COMPANY v. HOLCOMB

2018-10271. Index No. 61893/13.

178 A.D.3d 773 (2019)

111 N.Y.S.3d 891

2019 NY Slip Op 08822

Deutsche Bank National Trust Company, Respondent, v. Michael Holcomb, Appellant, et al., Defendants.

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

Decided December 11, 2019.

Attorney(s) appearing for the Case

The Ranalli Law Group, PLLC, Hauppauge, NY (Ernest E. Ranalli of counsel), for appellant.

McGlinchey Stafford PLLC, New York, NY (Mitra P. Singh of counsel), for respondent.

Chambers, J.P., Roman, Hinds-Radix and LaSalle, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

In July 2013, the plaintiff commenced this action against the defendant Michael Holcomb, among others, to foreclose a mortgage on property located in Sag Harbor. In or around June 2018, the plaintiff moved, in effect, pursuant to CPLR 3217(b) to discontinue the action without prejudice and to vacate the notice of pendency. In opposing the motion, Holcomb did not object to the discontinuance of...

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