New York Mortgage Trust, Inc. v. Dasdemir

In an action to foreclose a mortgage, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Schack, J.), dated December 19, 2012, as, upon granting its motion pursuant to CPLR 3217 (b) to discontinue the action, did so “with prejudice.”

Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the discontinuance of the action is “without prejudice.”

In general, absent a showing of special circumstances, including prejudice to a substantial right of the defendant or other improper consequences, a motion for a…