Carter v. Howland Hook Housing Co.

Order, Supreme Court, New York County (Debra A. James, J.), entered January 14, 2005, which, in an action for personal injuries sustained in an apartment building owned by defendant, granted plaintiffs’ motion pursuant to CFLR 3217 (b) to discontinue the action without prejudice, upon condition that plaintiffs pay defendant’s costs and disbursements incurred in this action up to the date of discontinuance plus defendant’s attorneys’ fees incurred on the motion to discontinue, unanimously affirmed, without costs.

The action was venued in New York County based on the location of defendant…