- Bookmark
- Share
- CaseIQ
CASEY v. CUSTOM CRUSHING MATERIALS
Appellate Division of the Supreme Court of New York, Second Department.
Oct 6, 2003
Important Paras
Please sign up to view Important Paras.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
The Supreme Court providently exercised its discretion in denying that branch of the plaintiffs' cross motion which was for leave to voluntarily discontinue the action, without prejudice, pursuant to CPLR 3217(b) ( see Mathias v. Daily News, 301 A.D.2d 503). A plaintiff should not be permitted to discontinue an action without prejudice for the purpose of avoiding an adverse order of the court ( see Mathias v. Daily News, supra).
ALTMAN, J.P., S. MILLER, McGINITY, ADAMS and MASTRO, JJ., concur.
x
Alert
Please log in or sign up for a free trial to access this feature.