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US BANK v. STERN

2018-04740. Index No. 512007/17.

189 A.D.3d 1313 (2020)

134 N.Y.S.3d 272

2020 NY Slip Op 07624

US Bank, Respondent, v. Asher Stern et al., Appellants, et al., Defendants.

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

Decided December 16, 2020.

Attorney(s) appearing for the Case

Biolsi Law Group, P.C., New York, NY ( Steven Alexander Biolsi of counsel), for appellants.

Reid Smith LLP, New York, NY ( Andrew B. Messite and Joseph S. Jacobs of counsel), for respondent.

Mastro, J.P., Roman, Hinds-Radix and Connolly, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

On June 30, 2011, the plaintiff commenced an action (hereinafter the 2011 action) to foreclose a mortgage against, among others, the defendants Asher Stern and Tzippora Stern (hereinafter together the defendants). In January 2016, the plaintiff moved to discontinue that action. On June 19, 2017, at which point its motion to discontinue the 2011 action had not yet been decided, the plaintiff commenced...

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