Casey v. Custom Crushing & Materials, Inc., 309 A.D.2d 726

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).

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 AD2d 503 [2003]). 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.

Case Details

Case Name: Casey v. Custom Crushing & Materials, Inc.

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Oct 6, 2003

Citations: 309 A.D.2d 726; 765 N.Y.S.2d 268

Court Abbreviation: N.Y. App. Div.