Bonfante v. Hadar Homes, Inc.

In a negligence action to recover damages for personal injuries, etc., defendant Hadar Homes, Inc., appeals from an order of the Supreme Court, Kings County (Bernstein, J.), dated October 23, 1980, which, upon certain conditions, granted plaintiffs’ motion pursuant to CPLR 3217 (subd [b]) to voluntarily discontinue the action. Order reversed, without costs or disbursements, and motion denied. On a prior appeal in this action (Bonfante v Hadar Homes, 74 AD2d 887), this court reversed an order granting plaintiffs leave to amend their complaint and bill of particulars. This ruling constitutes a…