Mathias v. Daily News, L.P.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action, inter alia, to recover damages for breach of contract, the plaintiffs, with the exception of Maria Gagolewski, doing business as M.N.S. News, Nick Destanis, doing business as DN Home Delivery, and Pasquale Campinelli, doing business as Camris, Inc., appeal from so much of an order of the Supreme Court, Richmond County (Maltese, J.), dated October 16, 2001, as, upon granting the plaintiffs’ motion for leave to discontinue the action pursuant to CPLR 3217 (b), did so “with prejudice.”
Ordered that the order is reversed insofar as appealed from, on the law and as a matter of…
2Cases cited9 opinions
- Tucker v. TuckerNew York Court of Appeals · 1982
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- Aison v. Hudson River Black River Regulating DistrictAppellate Division of the Supreme Court of the State of New York · 2001
- DuBray v. Warner Bros. Records, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
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