Order, Supreme Court, New York County (James A. Yates, J.), entered January 25, 2011, which, to the extent appealed from, denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, with costs. Order, same court (O. Peter Sherwood, J.), entered June 18, 2012, which granted plaintiff's oral application on the record, seeking leave to voluntarily discontinue the action, without prejudice, pursuant to CPLR 3217 (b), and in accordance with a...
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