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EMIGRANT MTGE. CO., INC. v. CARRERA

2013-04017

126 A.D.3d 853 (2015)

6 N.Y.S.3d 88

2015 NY Slip Op 02094

EMIGRANT MORTGAGE COMPANY, INC., Respondent, v. BERTHA CARRERA et al., Appellants, et al., Defendants.

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

Decided March 18, 2015.

In an action to foreclose a mortgage, the defendants Bertha Carrera, Miguel Rojas, and Bertha Rojas appeal from an order of the Supreme Court, Kings County (Vaughan, J.), dated January 30, 2013, which granted the plaintiff's motion, inter alia, pursuant to CPLR 3217 (b) to voluntarily discontinue the action without prejudice and denied their cross motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint insofar as...

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