America's Residential Properties, LLC v. Lema

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kangs County (Solomon, J.), dated June 7, 2012, which denied its motion for leave to discontinue the action without prejudice and granted the cross motion of the defendant Manual Lema to dismiss the action with prejudice and for an award of attorneys’ fees.

Ordered that the order is reversed, on the facts, with costs, the plaintiffs motion for leave to discontinue the action without prejudice is granted, and the cross motion of the defendant Manual Lema to dismiss the action with prejudice and for…