Legal Opinion
Blevins v. Blevins
New York Supreme Court
Decided January 28, 1928PublishedCited by 1 opinion
1Opinion of the CourtGoldsmith, J.
The plaintiff instituted this action to secure a separation from the defendant. The defendant interposed a counterclaim demanding an absolute divorce from the plaintiff. The defendant now asks leave to withdraw his counterclaim and to proceed to trial 'in the separation action.
The withdrawal of the counterclaim would be equivalent to the discontinuance of the action for divorce. As a general rule a party who commences an action may terminate the litigation. Applications for leave to discontinue are “ addressed to the legal discretion of the court and should not be arbitrarily denied. (Matter…
2Cases cited12 opinions
- Campbell v. New York Evening Post, Inc.New York Court of Appeals · 1927
- Winans v. . WinansNew York Court of Appeals · 1891
- Matter of Petition of ButlerNew York Court of Appeals · 1886
- Carleton v. . DarcyNew York Court of Appeals · 1878
- Rosen v. 981 Union Avenue Corp.Appellate Terms of the Supreme Court of New York · 1920
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Clearing Realty Corp. v. PollaciCity of New York Municipal Court · 1929