Ardell Marine Corp. v. Duchinsky

Application by defendant for reargnment of a motion to resettle an order of this court dated April 11, 1958.

Plaintiff argues that there is presently no action pending between the parties hereto; that as a matter of right, by notice dated April 7, 1958, it voluntarily discontinued this cause pursuant to rule 301 (subd. 1, par. [a]) of the Rules of Civil Practice before service of an answer by the defendant.

In the instant action an answer was interposed to the original complaint. Thereafter plaintiff served an amended complaint which this defendant moved to dismiss under rule 106 of the Rules…