Summary
In NBN Broadcasting, the First Department found that the lower 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."
Summary of this case from In re Hormone Replmnt. Therapy Litigtn. AnsleyOpinion
June 24, 1997
Appeal from Supreme Court, New York County (Beatrice Shainswit, J.).
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.