Doulos v. Vader Servicing, LLC

2026 NY Slip Op 31010(U)

• Court: New York Supreme Court, New York County
• Decided: March 16, 2026
• Docket: Index No. 653810/2023
• Status: Unpublished
• Author: Emily Morales-Minerva

Opinion

Doulos v Vader Servicing, LLC 2026 NY Slip Op 31010(U) March 16, 2026 Supreme Court, New York County Docket Number: Index No. 653810/2023 Judge: Emily Morales-Minerva Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication.

file:///LRB-ALB-FS1/Vol1/ecourts/Process/covers/NYSUP.6538102023.NEW_YORK.001.LBLX038_TO.html[03/24/2026 3:45:48 PM] FILED: NEW YORK COUNTY CLERK 03/16/2026 02:45 PM INDEX NO. 653810/2023 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 03/16/2026

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: PART 42M ---------------------X. ERi DOULOS, INDEX NO. 653810/2023

Plaintiff, 06/06/2025, MOTION DATE 08/04/2025 - V -

VADER SERVICING, LLC D/8/A, VADER MOUNTAIN MOTION SEQ. NO. 004 005 CAPITAL,

Defendant. DECISION+ ORDER ON MOTION ---------------------X

The following e-filed documents, listed by NYSCEF document number (Motion 004) 39, 40, 41, 42, 43, 44,45,52,53,54 were read on this motion to/for DISMISSAL

The following e-filed documents, listed by NYSCEF document number (Motion 005) 49, 50, 51 were read on this motion to/for DISMISSAL

APPEARANCES:

Eri Doulos, self-represented plaintiff.

HON. EMILY MORALES-MINERVA, J.S.C.

On January 10, 2025, this Court granted the order to show

cause (mot. seq. no. 03) of non-party movant Victor M. Feraru,

Esq. to withdraw as counsel for plaintiff ERI DOULOS (see New

York State Court Electronic Filing System [NYSCEF] Doc. No. 35,

decision and order, dated January 10, 2026). Therein, this

Court stayed the instant action for a period of 60 days to allow

plaintiff ERI DOULOS sufficient time to retain new counsel (see

id.). Plaintiff failed to do so.

653810/2023 DOULOS, ERi vs. VADER SERVICING, LLC D/B/A, VADER MOUNTAIN CAPITAL, Page 1 of 4 Motion No. 004 005

[* 1] 1 of 4 FILED: NEW YORK COUNTY CLERK 03/16/2026 02:45 PM INDEX NO. 653810/2023 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 03/16/2026

Plaintiff, now self-represented, moves (mot. seq. no. 04)

(1) for an order dismissing this action without prejudice

pursuant to CPLR § 3217 (b); and (2) for a stay of all

collections and lien efforts for 30 days by defendant VADER

SERVICING, LLC D/B/A VADER MOUNTAIN CAPITAL pursuant to

CPLR § 2201 (see NYSCEF Doc. No. 39, notice of motion).

Thereafter, plaintiff filed a second motion (seq. no. OS)

seeking relief identical to that requested in motion sequence

number 04.

Defendant VADER SERVICING, LLC D/B/A VADER MOUNTAIN CAPITAL

does not appear or oppose the motions.

An action may be discontinued upon order of the court and

upon terms and conditions, as the court deems proper, before the

cause has been submitted to the court or jury to determine the

facts (see CPLR § 3217 [b]). "A stipulation signed by all

[parties] is not required where a court order [CPLR § 3217 (b}]

is sought" (Shepherd v Workmen's Circle Multicare Ctr., 224 AD3d

485 [1st Dept 2024]). "While the authority of a court to grant

or to deny an application made to it pursuant to CPLR § 3217

(subd [b]} by a party seeking voluntarily to discontinue

litigation is within its sound discretion, ordinarily a party

cannot be compelled to litigate and, absent special

circumstances, discontinuance should be granted" (Tucker v

Tucker, 55 NY2d 378, 382 [1982]; see Bank of Am., Nat. Ass'n v 653810/2023 DOULOS, ERi vs. VADER SERVICING, LLC D/B/A, VADER MOUNTAIN CAPITAL, Page 2of4 Motion No. 004 005

[* 2] 2 of 4 FILED: NEW YORK COUNTY CLERK 03/16/2026 02:45 PM INDEX NO. 653810/2023 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 03/16/2026

Douglas, 110 AD3d 452 [1st Dept 2013) [noting that prejudice to

adverse parties constitutes special circumstances]; Burnham

Serv. Corp. v National Council on Compensation Ins., 288 AD2d 31

[1st Dept 2001)).

No party has opposed the instant motion seeking leave

voluntarily to discontinue the action against defendant, nor do

any special circumstances exist here (see Bank of Am., Nat.

Ass'n, 110 AD3d at 452). Therefore, the discontinuance is

granted.

However, a stay may only be granted in an action that is

pending (see CPLR § 2201 ["the court in which an action is

pending may grant a stay of proceedings in a proper case, upon

such terms as may be just"] [emphasis added]). Given that this

action is discontinued, the Court cannot grant a stay of

collections and lien efforts by defendant.

Accordingly, it is hereby

ORDERED that plaintiff's motion (seq. no. 04) to

discontinue this action pursuant to CPLR § 3217 (b) is granted

without opposition; it is further

ORDERED that the instant action is dismissed without

prejudice; it is further

ORDERED that plaintiff's motion (seq. no. 04) to stay all

653810/2023 DOULOS, ERi vs. VADER SERVICING, LLC D/8/A, VADER MOUNTAIN CAPITAL, Page 3 of4 Motion No. 004 005

[* 3] 3 of 4 FILED: NEW YORK COUNTY CLERK 03/16/2026 02:45 PM INDEX NO. 653810/2023 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 03/16/2026

SERVICING, LLC D/B/A VADER MOUNTAIN CAPITAL is denied; it is

further

ORDERED that plaintiff's motion (seq. no. 05) is dismissed,

as moot; and it is further

ORDERD that the Clerk of Court shall mark the file

accordingly.

3/16/2026 DATE e♦~~~ Amffivv CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION

GRANTED □ DENIED GRANTED IN PART □ OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER

CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE

653810/2023 DOULOS, ERi vs. VADER SERVICING, LLC D/B/A, VADER MOUNTAIN CAPITAL, Page4 of4 Motion No. 004 005

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