Nationstar Mtge., LLC v. Rampersad

Summary

The Appellate Division, Second Department, modified an order in a mortgage foreclosure action that permitted the plaintiff to discontinue both the action and the defendant's counterclaims. The court held that discontinuance of the action was proper, but the counterclaims should instead be severed and continued.

Holdings

1. The Supreme Court properly granted Nationstar's motion to discontinue the foreclosure action because the record did not establish circumstances requiring denial of discontinuance under CPLR 3217(b).
2. The Supreme Court should not have permitted Nationstar to discontinue Windward's counterclaims; the counterclaims had to be severed from the discontinued action and continued.

Questions Presented

1. Whether the Supreme Court properly granted Nationstar leave under CPLR 3217(b) to voluntarily discontinue the mortgage-foreclosure action.
2. Whether the Supreme Court properly allowed Nationstar to discontinue Windward Bora, LLC's counterclaims, or instead was required to sever and continue those counterclaims.

Disposition

other