New York Court of Appeals, 1979

Kret v. Gergely

New York Court of Appeals · Decided July 9, 1979

47 N.Y.2d 990; 393 N.E.2d 1040; 419 N.Y.S.2d 967; 1979 N.Y. LEXIS 2223

Cases that cite this one

3 later published cases cite this decision.

Allied Van Lines, Inc. v. Fairfield Insurance (United States District Court Eastern District of Louisiana 2008)
Kret v. Brookdale Hospital Medical Center (Appellate Division of the Supreme Court of New York 1983)
Unger v. Coyle (Appellate Division of the Supreme Court of New York 2016)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, on the reasoning of the memorandum at the Appellate Division, to which we add only that to permit a discontinuance without prejudice to be converted into one with prejudice, even after a fact-finding hearing, imports an element of motivation into the infant compromise procedure not contemplated by CPLR 1207 and 1208. Whether the original discontinuance was with or without prejudice, it could not be binding on anyone absent compliance with CPLR 1207 and 1208.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones,

Wachtler and Meyer concur; Judge Fuchsberg taking no part.

Order affirmed, with costs, in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.