Opinion
February 13, 1990
Appeal from the Supreme Court, New York County (David Saxe, J.).
CPLR 3217 (b) permits the court to grant a motion for voluntary discontinuance "upon terms and conditions, as the court deems proper." Determination of such a motion is in the court's sound discretion (Tucker v Tucker, 55 N.Y.2d 378, 383) and it was not an abuse of discretion to condition plaintiffs' relief on their payment of defendants' legal fees, costs, and disbursements under the circumstances of this case.
Concur — Kupferman, J.P., Carro, Milonas, Ellerin and Rubin, JJ.