Legal Opinion
Urbonowicz v. Yarinsky
Appellate Division of the Supreme Court of the State of New York
Decided January 31, 2002PublishedCited by 11 opinions
1Opinion of the CourtRose, J.
Appeal from an order of the Supreme Court (Moynihan, Jr., J.), entered November 29, 2000 in Warren County, which granted plaintiffs’ motion to voluntarily discontinue their action without prejudice.
Shortly after joinder of issue, but before expiration of the statute of limitations, plaintiffs moved pursuant to CPLR 3217 (b) for leave to voluntarily discontinue this medical malpractice action in order to prosecute their claims in an action in Sara-toga County where defendants reside and conduct their practice. In opposition, defendants argued that they would not receive a fair trial if…
2Cases cited5 opinions
- Christenson v. GutmanAppellate Division of the Supreme Court of the State of New York · 1998
- Koschak v. Gates Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- Schimansky v. NelsonAppellate Division of the Supreme Court of the State of New York · 1975
- DuBray v. Warner Bros. Records, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- DeBolt v. BarbosaAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by11 opinions
- Parraguirre v. 27th St. Holding, LLCAppellate Division of the Supreme Court of the State of New York · 2007
- Expedite Video Conferencing Services, Inc. v. BotelloAppellate Division of the Supreme Court of the State of New York · 2009
- Carter v. Howland Hook Housing Co.Appellate Division of the Supreme Court of the State of New York · 2005
- Onewest Bank, FSB v. SlowekAppellate Division of the Supreme Court of the State of New York · 2014
- Onewest Bank, FSB v. JachAppellate Division of the Supreme Court of the State of New York · 2020
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