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COHEN v. COHEN

209 A.D.2d 329 (1994)

619 N.Y.S.2d 546

Bruce Cohen, Respondent, v. Marcia Cohen, Appellant

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

November 22, 1994

Vacatur of plaintiff's notice of discontinuance was properly denied on the ground that even if "`devious or unfair conduct'" may, if "particularly egregious", estop a party from asserting its absolute and unconditional right to discontinue a claim before service of the pleading asserting it, no such showing was made (Giambrone v Giambrone, 140 A.D.2d 206...

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