CitiMortgage, Inc. v. Sultan

OPINION OF THE COURT

Larry D. Martin, J.

Plaintiff CitiMortgage, Inc. (plaintiff or Citi) moves this court for an order permitting plaintiff to voluntarily discontinue the instant action without prejudice. Defendant cross-moves for an order dismissing the action with prejudice, cancellation of the notice of pendency for failing to prosecute the action in good faith, and reimbursement of payments defendant made to plaintiff under the theory of unjust enrichment. The action was also referred to this Part pursuant to the directive of Referee Noreen Soto-Fier, Esq. dated June 28, 2013 for a hearing…