Legal Opinion
McMahan v. McMahan
Appellate Division of the Supreme Court of the State of New York
Decided May 28, 2009PublishedCited by 7 opinions
1Opinion of the Court
Order, Supreme *620Court, New York County (Charles E. Ramos, J.), entered July 14, 2008, which, sua sponte, discontinued the action without prejudice, unanimously modified, on the law and the facts, to discontinue the action with prejudice as against defendant-appellant, and otherwise affirmed, without costs.
As against appellant, the action should not have been discontinued without prejudice where plaintiff’s notice of discontinuance was untimely under CPLR 3217 (a) (see Citidress II Corp. v Hinshaw & Culbertson LLP, 59 AD3d 210, 211 [2009]), and was apparently served in order to avoid an adverse…
2Cases cited3 opinions
- NBN Broadcasting, Inc. v. Sheridan Broadcasting Networks, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Citidress II Corp. v. Hinshaw & CulbertsonAppellate Division of the Supreme Court of the State of New York · 2009
- 176-60 Union Turnpike, Inc. v. Howard Beach Fitness Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
3Cited by7 opinions
- Baez v. Parkway Mobile Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Rosenfeld v. Renika Pty. Ltd.Appellate Division of the Supreme Court of the State of New York · 2011
- BDO USA, LLP v. Phoenix Four, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- BDO USA, LLP v. Phoenix Four, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- GMAC Mortgage, LLC v. BisceglieAppellate Division of the Supreme Court of the State of New York · 2013
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