Willetts v. Browning
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John Scott Browning and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of July, 1921, granting plaintiff’s motion to discontinue the action upon payment of costs.
1Opinion of the Court
Dowling, J.:
While as a general proposition it is quite true that a plaintiff should be given leave to discontinue an action brought by him on payment of taxable costs and disbursements to the time of making the application, still that rule is subject to certain hmitations, one of which is that such discontinuance should not be permitted where special circumstances exist which render the granting of the relief unjust or inequitable. In the present case no reason whatever is given why the plaintiff desires to discontinue this action, which is one brought to foreclose a mechanic’s lien for…
2Cases cited1 opinion
- Matter of LasakNew York Court of Appeals · 1892
3Cited by5 opinions
- Piedmont Hotel Co. v. A. E. Nettleton Co.Appellate Division of the Supreme Court of the State of New York · 1934
- Schultz v. KobusAppellate Division of the Supreme Court of the State of New York · 1962
- Grosner v. AbramsonNew York Supreme Court · 1936
- Healy v. WostenbergWyoming Supreme Court · 1934
- Crozier v. United States Steel Corp.New York Supreme Court · 1932