Brockman v. Turin

In an action to recover on a promissory note, the defendant appeals from an order of the Supreme Court, Nassau County (Becker, J.), dated February 21, 1986, which granted the plaintiffs motion pursuant to CPLR 3217 (b) for leave to discontinue the action.

Ordered that the order is modified, as an exercise of discretion, by adding a provision that leave to discontinue the action is granted on condition that the plaintiff pay costs and disbursements of the action and pay $250 to the defendant, and granting the defendant leave to enter a judgment for those amounts; as so modified, the order is…