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ONEWEST BANK, FSB v. SINGH

2018-07655. Index No. 22696/09.

186 A.D.3d 1388 (2020)

128 N.Y.S.3d 873

2020 NY Slip Op 04957

OneWest Bank, FSB, Appellant, v. Deryck A. Singh et al., Defendants. BSD 253, LLC, Proposed Intervenor-Respondent.

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

Decided September 16, 2020.

Ordered that the order dated March 15, 2018, is reversed insofar as appealed from, on the law, without costs or disbursements, and the plaintiff's motion to vacate the order dated February 13, 2014, and to restore the action to the calendar is granted.

CPLR 3216(b)(1) states that no dismissal should be made under this statute unless issue has been joined. "`A court may not dismiss an action based on neglect to prosecute...

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