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ROSENFELD v. RENIKA PTY. LTD
Appellate Division of the Supreme Court of New York, First Department.
May 31, 2011
Plaintiffs' notice of voluntary discontinuance was untimely under CPLR 3217 (a), and was apparently served to avoid an adverse decision on the pending motion to dismiss the complaint with prejudice ( see McMahan v McMahan, 62 AD3d 619, 620; Citidress II Corp. v Hinshaw Culbertson LLP, 59 AD3d 210, 211; NBN Broadcasting v Sheridan Broadcasting Networks, 240 AD2d 319).
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