Discontinuances

4 articles by Jason Tenenbaum, Esq.

June 17, 2017

Pre-answer motion does not circumvent right to effectuate a 3217 discontinuance

Court rules pre-answer CPLR 3211 motion to dismiss is not a responsive pleading, allowing plaintiff to discontinue action under CPLR 3217(a)(1) even after motion filed.

October 30, 2015

Discontinuance (CPLR 3217)

Analysis of CPLR 3217 discontinuance rules including court discretion, attorney fees recovery, and prejudice standards in NY litigation.

February 22, 2014

Discontinuance without prejudice

Court rules on voluntary discontinuance without prejudice in insurance case, discussing plaintiff's right to forum shopping and procedural requirements under CPLR 3217.

November 26, 2009

A plaintiff may voluntary discontinue an action on motion absent prejudice to the defendant

New York courts allow voluntary discontinuance of civil actions without prejudice absent special circumstances or defendant prejudice under CPLR 3217(b).