¶1Order unanimously reversed, without costs, and order of Rochester City Court reinstated. Memorandum: CPLR 3217 (subd [b]) providing for voluntary discontinuance, should be liberally construed. In the absence of any showing of prejudice there was no abuse of discretion by the City Court Judge in granting the motion. (Appeal from order of Monroe County Court —discontinuance action.) Present — Simons, J. P., Hancock, Jr., Schnepp, Callahan and Witmer, JJ.
67 A.D.2d 834
Yawn v. Cotto
Appellate Division of the Supreme Court of the State of New York
Decided January 25, 1979
Appellate Division of the Supreme Court of the State of New York · decided 1979-01-25
Cited by 1 later decisions — most recently April 1991
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1979-01-25
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