St. Pierre v. Ostreich

Thompson, J.,

concurs in part and dissents in part and votes *858to dismiss the appeal from the order dated December 19, 1984, reverse the order dated September 5, 1986, insofar as reviewed, vacate the order dated December 19, 1984, insofar as appealed from, and dismiss the infant plaintiff’s action, with prejudice, in the following memorandum, with which Lawrence, J., concurs. A motion for leave to discontinue litigation pursuant to CPLR 3217 is addressed to the sound discretion of the court (see, Tucker v Tucker, 55 NY2d 378, 383). As a general proposition, a party cannot be compelled to…