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WM SPECIALTY MTGE., LLC v. PALAZZOLLO

2015-12150, Index No. 3013/07.

145 A.D.3d 714 (2016)

2016 NY Slip Op 08228

41 N.Y.S.3d 899

WM SPECIALTY MORTGAGE, LLC, Respondent, v. FRANK PALAZZOLLO et al., Defendants, and STACY PALAZZOLLO, Appellant.

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

Decided December 7, 2016.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the plaintiff's motion, in effect, to restore this action to active status after it had been marked "disposed." Contrary to the appellant's contention, there is no indication that the action was dismissed pursuant to CPLR 3215 (c), and no basis for a dismissal pursuant thereto (see CPLR 3215 [c]; HSBC Bank USA, N.A. v Traore, 139 A.D.3d 1009

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