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BANK OF NEW YORK v. RICHARDSON

Docket No. Yor-10-498.

15 A.3d 756 (2011)

2011 ME 38

BANK OF NEW YORK as Trustee for the Certificate Holders CWL, Inc. Asset-Backed Certificates, Series 2005-08 v. Ralph J. RICHARDSON et al.

Supreme Judicial Court of Maine.

Decided: March 22, 2011.

Attorney(s) appearing for the Case

Paul J. Greene, Esq. (orally), Preti Flaherty Beliveau & Pachios, LLP, Portland, ME, for Bank of New York.

Peter Clifford, Esq. (orally), Hodsdon & Clifford, LLC, Kennebunk, ME, for Ralph J. Richardson and Sara M. Richardson.

Panel: SAUFLEY, C.J., and LEVY, SILVER, MEAD, GORMAN, and JABAR, JJ.

SAUFLEY, C.J.

[¶ 1] Bank of New York as Trustee for the Certificate Holders CWL, Inc. Asset-Backed Certificates, Series 2005-08, appeals from an order of the District Court (Springvale, Janelle, J.) dismissing with prejudice the Bank's complaint for foreclosure of real estate in Berwick owned by Ralph J. and Sara M. Richardson. The Bank argues that the court abused its discretion in dismissing the complaint with prejudice as a sanction for the Bank's failure...

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