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STATE v. NOTEY

85 A.D.2d 689 (1981)

State of New York, Respondent, v. Anton Notey et al., Appellants, et al., Defendants

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

December 28, 1981

Matter remitted to Special Term for further proceedings consistent herewith and in the interim appeals held in abeyance. Special Term is to file its report with all convenient speed. Generally, a plaintiff should be permitted to discontinue an action without prejudice, absent a showing of prejudice to the defendant (Valladares v Valladares, 80 A.D.2d 244). In this case, as in the companion case of State of New York v St. James...

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