Legal Opinion
Rosenfeld v. Renika Pty. Ltd.
Appellate Division of the Supreme Court of the State of New York
Decided May 31, 2011PublishedCited by 7 opinions
1Opinion of the Court
Order, Supreme Court, New York County (James A. Yates, J.), entered June 11, 2010, which denied defendants’ motion to dismiss the complaint with prejudice as moot in light of plaintiffs’ notice of voluntary discontinuance without prejudice, unanimously reversed, on the law, with costs and the motion granted. The Clerk is directed to enter judgment in defendants’ favor dismissing the complaint.
Plaintiffs’ notice of voluntary discontinuance was untimely under CPLR 3217 (a), and was apparently served to avoid an adverse decision on the pending motion to dismiss the complaint with prejudice (see…
2Cases cited3 opinions
- NBN Broadcasting, Inc. v. Sheridan Broadcasting Networks, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- McMahan v. McMahanAppellate Division of the Supreme Court of the State of New York · 2009
- Citidress II Corp. v. Hinshaw & CulbertsonAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by7 opinions
- Baez v. Parkway Mobile Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- BDO USA, LLP v. Phoenix Four, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Matter of Weinman v. New York State Dept. of Motor Vehs.Traffic Violations Bur.Appellate Division of the Supreme Court of the State of New York · 2022
- BDO USA, LLP v. Phoenix Four, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- GMAC Mortgage, LLC v. BisceglieAppellate Division of the Supreme Court of the State of New York · 2013
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