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EMIGRANT BANK v. SOLIMANO

2019-09752, 2019-10601. Index No. 58709/16.

209 A.D.3d 153 (2022)

175 N.Y.S.3d 299

2022 NY Slip Op 05311

EMIGRANT BANK, Appellant, v. LOUIS SOLIMANO et al., Defendants, and JANICE T. SOLIMANO, Respondent.

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

Decided September 28, 2022.

Attorney(s) appearing for the Case

Terenzi & Confusione, P.C., Garden City ( Jacqueline M. Della Chiesa of counsel), for appellant.

DUFFY, MALTESE and FORD, JJ., concur.

OPINION OF THE COURT

CPLR 3217(b) permits the discontinuance of an action by a party with leave of court or by a stipulation of the parties before the cause is submitted to the trier of fact for a determination of the facts; but once the cause has been submitted for a determination of the facts, a discontinuance may only be...

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