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AMERICA'S RESIDENTIAL PROPS., LLC v. LEMA

2012-07954, Index No. 6522/10.

118 A.D.3d 735 (2014)

987 N.Y.S.2d 169

2014 NY Slip Op 4159

AMERICA'S RESIDENTIAL PROPERTIES, LLC, Appellant, v. MANUAL LEMA, Respondent, et al., Defendants.

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

Decided June 11, 2014.

Ordered that the order is reversed, on the facts, with costs, the plaintiff's motion for leave to discontinue the action without prejudice is granted, and the cross motion of the defendant Manual Lema to dismiss the action with prejudice and for an award of attorneys' fees is denied.

The plaintiff moved for leave to discontinue this foreclosure action without prejudice. The defendant Manual Lema (hereinafter the respondent) cross-moved, inter alia, to dismiss the...

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