Angerame v. Nissenbaum
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for professional malpractice, the defendant appeals from an order of the Supreme Court, Suffolk County (Henry, J.) dated March 17, 1993, which denied his motion for summary judgment and granted the plaintiffs’ cross motion to discontinue their action without prejudice on the condition that they apply for leave of court before reinstating their action.
Ordered that the order is reversed, on the law, with costs, the motion is granted, the cross motion is denied, and the complaint is dismissed.
While it is true that a plaintiff should be permitted to discontinue an…
2Cases cited3 opinions
- Valladares v. ValladaresAppellate Division of the Supreme Court of the State of New York · 1981
- Febesh v. Elcejay Inn Corp.Appellate Division of the Supreme Court of the State of New York · 1990
- Brenhouse v. Anthony Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
3Cited by6 opinions
- Mathias v. Daily News, L.P.Appellate Division of the Supreme Court of the State of New York · 2003
- NBN Broadcasting, Inc. v. Sheridan Broadcasting Networks, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Antonious v. MuhammadDistrict Court, S.D. New York · 1995
- Montalto v. Colgate Scaffolding Corp.Appellate Division of the Supreme Court of the State of New York · 2015
- Citibank, N.A. v. BravoAppellate Division of the Supreme Court of the State of New York · 2019
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