NBN BC. INC. v. SHERIDAN BC. NETWORKS INC

The IAS Court properly discontinued the action with prejudice where plaintiff's request for a discontinuance without prejudice was an apparent attempt to evade the consequences of an adverse order on defendant's pending motion for summary judgment and preserve its ability to commence a Federal action ( see, Brenhouse v. Anthony Indus., 156 A.D.2d 411; Angerame v. Nissenbaum, 208 A.D.2d 579).

Concur — Ellerin, J.P., Wallach, Nardelli, Rubin and Mazzarelli, JJ.