Laurentis v. Bercowitz

Appeal from an order of the Supreme Court, Columbia County, denying appellants’ motion to discontinue their action (CPLR 3217). Upon the showing made in this case, appellants’ motion for discontinuance should not have been denied in the absence of special circumstances more compelling than those here present (Schultz v. Kobus, 15 A D 2d 382; see Piedmont Hotel Co. v. Nettleton Co., 241 App. Div. 562, 563-564; cf. Conklin v. Wilbur, 26 A D 2d 666), and the motion should *870be granted on such terms as in the exercise of discretion be deemed appropriate, including not only statutory costs and…