BANK OF AM., N.A. v. DOUGLAS

10676N, 109305/10.

110 A.D.3d 452 (2013)

973 N.Y.S.2d 42

2013 NY Slip Op 6440

BANK OF AMERICA, NATIONAL ASSOCIATION, Appellant, v. FRANK DOUGLAS, Respondent, et al., Defendants.

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

Decided October 3, 2013.


Order, Supreme Court, New York County (Paul Wooten, J.), entered November 5, 2012, which denied plaintiff's motion to voluntarily discontinue the action without prejudice and cancel a lis pendens, and granted defendant Frank Douglas's cross motion to compel disclosure, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, the motion granted and the cross motion denied.

The court erred in declining to permit plaintiff to voluntarily...

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