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GMAC MORTGAGE, LLC, ap, v. LORI BISCEGLIE, RESPONDENT def

GMAC MORTGAGE, LLC, ap, v. LORI BISCEGLIE, RESPONDENT def — (INDEX NO. 5850/09)Robert J. Prier, Nyack, N.Y., for respondent.

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GMAC MORTGAGE, LLC, ap, v. LORI BISCEGLIE, RESPONDENT def — (INDEX NO. 5850/09)Robert J. Prier, Nyack, N.Y., for respondent.

In an action to foreclose a mortgage, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Rockland County (Berliner, J.), entered May 14, 2012, as denied its motion for leave to discontinue the action without prejudice, and granted those branches of the cross motion of the defendant Lori Bisceglie which were, in effect, to vacate an order of the same court (Weiner, J.), dated May 13, 2010, inter alia, granting that branch of the plaintiff’s motion which was for summary judgment on the complaint insofar as asserted against her and, in effect, to dismiss the action against her with prejudice.

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