Beigel v. Cohen
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*340CPLR 3217 (b) permits the court to grant a motion for voluntary discontinuance "upon terms and conditions, as the court deems proper.” Determination of such a motion is in the court’s sound discretion (Tucker v Tucker, 55 NY2d 378, 383) and it was not an abuse of discretion to condition plaintiffs’ relief on their payment of defendants’ legal fees, costs, and disbursements under the circumstances of this case. Concur— Kupferman, J. P., Carro, Milonas, Ellerin and Rubin, JJ.
2Cases cited1 opinion
- Tucker v. TuckerNew York Court of Appeals · 1982
3Cited by6 opinions
- New York Downtown Hospital v. TerryAppellate Division of the Supreme Court of the State of New York · 2011
- Lawrence v. MillerAppellate Division of the Supreme Court of the State of New York · 2010
- Maxim Inc. v. GrossAppellate Division of the Supreme Court of the State of New York · 2020
- Chris Mac Co. v. Johnson-OnoAppellate Terms of the Supreme Court of New York · 2000
- Matter of Miller v. 22 Ericsson Owner LLCAppellate Division of the Supreme Court of the State of New York · 2026
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