Ruderman v. Brunn

In an action to recover damages predicated upon medical malpractice and products liability, plaintiffs appeal from an order of the Supreme Court, Orange County, entered March 28, 1978, which denied their motion, pursuant to CPLR 3217, to voluntarily discontinue their action, without prejudice. Order reversed, on the law and as a matter of discretion, without costs or disbursements, upon the condition that plaintiffs pay $100 each to defendants Brunn, Wiener and Fried within 20 days after entry of the order to be made hereon; in the event that such condition is not complied with, then order…