Bank of America, N.A. v. Destino

In an action to foreclose a mortgage, the defendant Ralph Destino, also known as Ralph Destino III, appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Budd, J.), dated January 17, 2014, as, upon granting the plaintiffs motion, inter alia, pursuant to CPLR 3217 (b) to discontinue the action without prejudice, denied those branches of his cross motion which were for an award of an attorney’s fee pursuant to Real Property Law § 282 or, in the alternative, for leave to amend his answer to include a counterclaim for an award of an attorney’s fee.

Ordered…