American Transit Insurance v. Roberson

In an action for a declaratory judgment, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Woodard, J.), entered December 26, 2012, as, upon granting its motion pursuant to CPLR 3217 (b) to discontinue the action, did so “with prejudice” and set the matter down for an inquest on the issue of the amount of costs and an attorney’s fee to which the defendants are entitled.

Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the words “with prejudice” from the first decretal paragraph and substituting therefor the words…