Ordered that the order is affirmed, with costs.
We reject the defendant's contention that he was prejudiced by the discontinuance of the plaintiff's matrimonial action because the order appealed from did not provide for the return to him of certain items of personal property. "[O]rdinarily a party cannot be compelled to litigate and, absent special circumstances, discontinuance should be granted (4 Weinstein-Korn-Miller, NY Civ Prac, par 3217.06)" (Tucker v Tucker...
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