Reed v. Jones

Decree unanimously modified in accordance with memorandum and, as modified, affirmed, without costs. Memorandum: On April 14, 1975, the day before trial was scheduled to commence, petitioners made an ex parte application to discontinue their action for specific performance on the merits. They now claim that the court erred in granting their application since they have not executed a stipulation pursuant to CPLR 3217 (subd [a], par 2). Their reliance upon that subdivision, however, is misplaced. We view the discontinuance to have been obtained pursuant to CPLR 3217 (subd [b]), and petitioners…