YAWN v. COTTO


67 A.D.2d 834 (1979)

Lonnie Yawn, Appellant, v. Carlos Cotto et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 25, 1979


Order unanimously reversed, without costs, and order of Rochester City Court reinstated.

Memorandum:

CPLR 3217 (subd [b]) providing for voluntary discontinuance, should be liberally construed. In the absence of any showing of prejudice there was no abuse of discretion by the City Court Judge in granting...

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