New York Downtown Hospital v. Terry

— Amended order, Supreme Court, New York County (Milton A. Tingling, J.), entered March 25, 2010, which, to the extent appealed from, conditioned the grant of plaintiffs’ application for a voluntary discontinuance of their action on their payment of the sum of *494$10,000 to defendants, unanimously modified, in the exercise of discretion, to the extent of striking the payment requirement, and otherwise affirmed, without costs.

Contrary to plaintiffs’ assertions, it is within a court’s discretion to condition an application for a voluntary discontinuance made pursuant to CPLR 3217 (b) upon the…