HSBC BANK USA, N.A. v. MICHALCZYK

2019-03131, 2019-03132. Index No. 606051/15.

218 A.D.3d 663 (2023)

192 N.Y.S.3d 636

2023 NY Slip Op 03855

HSBC Bank USA, N.A., Respondent, v. Mildred J. Michalczyk, Appellant, et al., Defendants.

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

Decided July 19, 2023.


Attorney(s) appearing for the Case

Mildred J. Michalczyk, East Farmingdale, NY, appellant pro se.

Cohn & Roth, LLC, Mineola, NY ( Michael C. Nayar of counsel), for respondent.

Brathwaite Nelson, J.P., Iannacci, Christopher and Warhit, JJ., concur.


In an action to foreclose a mortgage, the defendant Mildred J. Michalczyk appeals from two orders of the Supreme Court, Suffolk County (C. Randall Hinrichs, J.), both dated January 8, 2019. The first order, insofar as appealed from, granted the plaintiff's motion for leave to discontinue the action without prejudice and to cancel and discharge the notice of pendency, and denied those branches of the cross-motion of the defendant Mildred J. Michalczyk which were to discontinue...

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