Appellate Division of the Supreme Court of New York, 2003

Casey v. Custom Crushing & Materials, Inc.

Appellate Division of the Supreme Court of New York · Decided October 6, 2003

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

Cases that cite this one

7 later published cases cite this decision.

Baez v. Parkway Mobile Homes, Inc. (Appellate Division of the Supreme Court of New York 2015)
Turco v. Turco (Appellate Division of the Supreme Court of New York 2014)
Turco v. Turco (Appellate Division of the Supreme Court of New York 2014)
GMAC Mortgage, LLC v. Bisceglie (Appellate Division of the Supreme Court of New York 2013)
GMAC Mortgage, LLC v. Bisceglie (Appellate Division of the Supreme Court of New York 2013)
Kaplan v. Village of Ossining (Appellate Division of the Supreme Court of New York 2006)
Schachter v. Royal Insurance Co. of America (Appellate Division of the Supreme Court of New York 2005)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In an *727action 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-law data current through December 31, 2025. Source: CourtListener bulk data.