Order, Supreme Court, New York County (Anil C. Singh, J.), entered February 6, 2013, which deemed defendants Strategic Resources Corp., Paul Schack and James J. Hopkins, III's (collectively SRC) motion, and defendant Phoenix Four, Inc.'s (Phoenix) cross motion to discontinue the action with prejudice under CPLR 3217 (b) withdrawn on the ground that the action had been discontinued, unanimously reversed, on the law and in the exercise of discretion, without costs, plaintiff...
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