Rosenfeld v. Renika Pty. Ltd.
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)
- BDO USA, LLP v. Phoenix Four, Inc. (Appellate Division of the Supreme Court of New York 2014)
- BDO USA, LLP v. Phoenix Four, Inc. (Appellate Division of the Supreme Court of New York 2014)
- Matter of Weinman v. New York State Dept. of Motor Vehs.Traffic Violations Bur. (Appellate Division of the Supreme Court of New York 2022)
- Pinkesz Mut. Holdings, LLC v. Pinkesz (Appellate Division of the Supreme Court of New York 2021)
- 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)
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
Order, Supreme Court, New York County (James A. Yates, J.), entered June 11, 2010, which denied defendants’ motion to dismiss the complaint with prejudice as moot in light of plaintiffs’ notice of voluntary discontinuance without prejudice, unanimously reversed, on the law, with costs and the motion granted. The Clerk is directed to enter judgment in defendants’ favor dismissing the complaint.
Plaintiffs’ notice of voluntary discontinuance was untimely under CPLR 3217 (a), and was apparently served to avoid an adverse decision on the pending motion to dismiss the complaint with prejudice (see McMahan v McMahan, 62 AD3d 619, 620 [2009]; Citidress II Corp. v Hinshaw & Culbertson LLP, 59 AD3d 210, 211 [2009]; NBN Broadcasting v Sheridan Broadcasting Networks, 240 AD2d 319 [1997]). Concur — Mazzarelli, J.P, Friedman, Catterson, Manzanet-Daniels and Román, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.