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NATIONSTAR MTGE., LLC v. DALTON

2018-14999. Index No. 502214/18.

201 A.D.3d 726 (2022)

156 N.Y.S.3d 910

2022 NY Slip Op 00181

Nationstar Mortgage, LLC, Respondent, v. Allison Dalton, Appellant, et al., Defendants.

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

Decided January 12, 2022.

Attorney(s) appearing for the Case

Biolsi Law Group, P.C., New York, NY (Steven Alexander Biolsi of counsel), for appellant.

McCalla Raymer Leibert Pierce, LLC, New York, NY (Margaret Stefandl of counsel), for respondent.

LaSalle, P.J., Duffy, Ford and Dowling, JJ., concur.

Ordered that the order is affirmed, with costs

In February 2018, the plaintiff commenced this action to foreclose a mortgage against, among others, the defendant Allison Dalton (hereinafter the defendant). In March 2018, the defendant filed an answer and a note of issue and certificate of readiness. In September 2018, the plaintiff moved, inter alia, pursuant to CPLR 3217(b) for leave to discontinue the action without prejudice...

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