Ordered that the order is reversed, on the law, with costs, and the motion is denied.
Contrary to the respondent's contention, the dismissal by the United States District Court for the Eastern District of New York of the plaintiff's pendent State claims, without prejudice, pursuant to Federal Rule of Civil Procedure, rule 41 (a) (2), was not equivalent to a voluntary discontinuance under CPLR 205 (a). Therefore, the plaintiff was entitled to commence this action in...
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