Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
As there was no showing of prejudice to the appellant, the court did not improvidently exercise its discretion in granting the plaintiff's motion for a voluntary discontinuance of the action (see, CPLR 3217[b]; Tucker v. Tucker, 55 N.Y.2d 378, 383; Great W. Bank v. Terio, 200 A.D.2d 608, 609).
Bracken, J.P., O'Brien, Santucci, Friedmann and Goldstem, JJ., concur.