ZARETSKY v. KIM


17 A.D.3d 455 (2005)

793 N.Y.S.2d 127

ELLIOT ZARETSKY et al., Appellants, v. OK HUI KIM et al., Respondents, et al., Defendants.

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

April 11, 2005.


Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, that branch of the motion which was to deem the action abandoned pursuant to 22 NYCRR 202.48 on the ground that the appellants failed to settle the judgment within 60 days is denied, and the action is reinstated.

The plaintiffs commenced this action to foreclose a mortgage. After years of litigation, the Supreme Court held that the defendants Ok Hui Kim...

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