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Casey v. Custom Crushing Materials

Appellate Division of the Supreme Court of New York, Second Department
Oct 6, 2003
309 A.D.2d 726 (N.Y. App. Div. 2003)

Opinion

2002-08963

Submitted September 10, 2003.

October 6, 2003.

In an action to recover damages, inter alia, for personal injuries, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Glover, J.), dated July 5, 2002, as denied that branch of their cross motion which was for leave to voluntarily discontinue the action, without prejudice, pursuant to CPLR 3217(b).

Tackel Varachi, LLP, White Plains, N.Y. (John P. Varachi of counsel), for appellants.

Before: MYRIAM J. ALTMAN, J.P., SONDRA MILLER, LEO F. McGINITY, THOMAS A. ADAMS, WILLIAM F. MASTRO, JJ.


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.


Summaries of

Casey v. Custom Crushing Materials

Appellate Division of the Supreme Court of New York, Second Department
Oct 6, 2003
309 A.D.2d 726 (N.Y. App. Div. 2003)
Case details for

Casey v. Custom Crushing Materials

Case Details

Full title:DENNIS CASEY, ET AL., appellants, v. CUSTOM CRUSHING MATERIALS, INC., ET…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 6, 2003

Citations

309 A.D.2d 726 (N.Y. App. Div. 2003)
765 N.Y.S.2d 268

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