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BEIGEL v. COHEN

158 A.D.2d 339 (1990)

Phillip Beigel et al., Appellants, v. Raphael Cohen et al., Respondents, et al., Defendants

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

February 13, 1990

CPLR 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 N.Y.2d 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...

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