Chanler v. Lyons

Plaintiff moves for a discontinuance, without prejudice, of this action in malpractice pending in Queens County. In his moving affidavit plaintiff frankly states that it is his intention to commence a new action in New York County. He states further that the instant action was originally brought in Queéns County where he resides, instead of New York County, since he was erroneously under the impression that rule V of the New York County Supreme Court Trial Term Eules was applicable to malpractice actions and that his being a nonresident of New York County would preclude him from receiving a…