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U.S. BANK N.A. v. AMBROISE

2018-04658. Index No. 27833/06.

189 A.D.3d 1299 (2020)

134 N.Y.S.3d 206

2020 NY Slip Op 07618

U.S. Bank National Association, Appellant, v. Anite Ambroise et al., Defendants.

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

Decided December 16, 2020.

Attorney(s) appearing for the Case

Woods Oviatt Gilman, LLP, Rochester, NY ( Cassie T. Dogali of counsel), for appellant.

Roman, J.P., Duffy, Barros and Connolly, JJ., concur.

Ordered that the order is affirmed, without costs or disbursements.

On August 21, 2014, the plaintiff discontinued this mortgage foreclosure action by filing a voluntary discontinuance (see CPLR 3217). In October 2017, the plaintiff moved to vacate the voluntary discontinuance and to restore the action to the active calendar. The Supreme Court denied the motion, and the plaintiff appeals.

The plaintiff failed to establish any valid ground upon which...

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