Baralan International, S. p. A. v. Vetrerie Bormioli Ing. Luigi S.p.A.

Order, Supreme Court, New York County (Irma Vidal Santaella, J.), entered March 10, 1994, which granted plaintiffs motion pursuant to CPLR 3217 (b) to voluntarily discontinue the action against defendant Avant Industries, Limited, with prejudice, but without costs, disbursements or attorneys’ fees against any party, unanimously reversed, on the law, to the extent appealed from, to condition said discontinuance upon the payment by plaintiff of Avant’s costs, disbursements and reasonable attorneys’ fees from the inception of this action to date and to remand the matter for determination of a…