US Bank National Ass'n v. Cockfield

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Dabiri, J.), dated August 7, 2015, which denied its motion to discontinue the action without prejudice and granted the cross motion of the defendant Paul Cockfield which was, in effect, to discontinue the action with prejudice and for an award of an attorney’s fee pursuant to Real Property Law § 282.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Kings County, for further consideration of the motion and the cross motion in…