Appellate Division, Second Department · November 4, 2026 · 2026 NY Slip Op 06483
UMB Bank, National Association, etc., v 68 Colonial, LLC, et al.
Read the official decision: 2026 NY Slip Op 06483
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Holding The Supreme Court properly exercised its discretion in granting the plaintiff’s motion to voluntarily discontinue the foreclosure action because the defendants failed to show prejudice. Consequently, the defendants’ motion to dismiss the complaint was properly denied as academic.
The court’s words
CPLR 3217(b) permits a voluntary discontinuance of an action by court order
2026 NY Slip Op 06483, at the official text
the Supreme Court providently exercised its discretion in granting the plaintiff's motion to discontinue the action
2026 NY Slip Op 06483, at the official text
the court properly denied, as academic, the defendants' motion, inter alia, to dismiss the complaint
2026 NY Slip Op 06483, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | November 4, 2026 |
| Citation | 2026 NY Slip Op 06483 |
| Area of law | Civil Procedure |
| Week | Week ending November 7, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06483 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1778 |
Recommended citation
ESQ HQ, New York Law Watch, UMB Bank, National Association, etc., v 68 Colonial, LLC, et al., 2026 NY Slip Op 06483 (Appellate Division, Second Department, November 4, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06483/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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