Kane v. Kane

Lawrence, J. P.,

dissents and votes to affirm the order insofar as appealed from with the following memorandum. Since the plaintiff husband "had the absolute and unconditional right to discontinue the action, without seeking judicial permission through a court order, merely through the service of the notice of voluntary discontinuance upon [the] defendant” wife (Chandler v Chandler, 108 AD2d 1035, 1036; see, Broder v Broder, 59 NY2d 858; Battaglia v Battaglia, 59 NY2d 778, revg 90 AD2d 930, 933-934 on dissenting mem at App Div; Kamhi v Kamhi, 42 AD2d 966; Hutchison v Hutchison, 87 Misc 2d…