Great Western Bank v. Terio
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to foreclose a mortgage, the defendant appeals from an order of *609the Supreme Court, Putnam County (Hickman, J.), dated July 27, 1992, which granted the plaintiff’s motion to discontinue the first of two foreclosure actions.
Ordered that the order is affirmed, with costs.
The defendant’s contention that the court erred by granting the plaintiff’s motion for a voluntary discontinuance is without merit. The authority of a court to grant or to deny an application pursuant to CPLR 3217 (b) for a voluntary discontinuance of an action is within its sound discretion (Tucker v Tucker, 55…
2Cases cited8 opinions
- Tucker v. TuckerNew York Court of Appeals · 1982
- County of Westchester v. Welton Becket AssociatesAppellate Division of the Supreme Court of the State of New York · 1984
- Gateway State Bank v. Shangri-La Private Club for Women, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- County of Westchester v. Welton Becket AssociatesNew York Court of Appeals · 1985
- Dunn v. DunnAppellate Division of the Supreme Court of the State of New York · 1982
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3Cited by13 opinions
- Mathias v. Daily News, L.P.Appellate Division of the Supreme Court of the State of New York · 2003
- Parraguirre v. 27th St. Holding, LLCAppellate Division of the Supreme Court of the State of New York · 2007
- Citibank N. A. v. NagrotskyAppellate Division of the Supreme Court of the State of New York · 1997
- Terio v. Great Western BankDistrict Court, S.D. New York · 1994
- 25 Jay Street Tenants' Ass'n v. 25 Jay Street, LLCAppellate Division of the Supreme Court of the State of New York · 2002
8 more not listed; retrieve them via the Exa API.