INDEP. CEMENT CORP. v. CAMELIO


203 A.D.2d 526 (1994)

612 N.Y.S.2d 951

Independent Cement Corporation, Respondent, v. Mario Camelio et al., Appellants

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

April 25, 1994


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendants' contention, the record demonstrates that the prior Nassau County action which sought recovery upon the personal guarantees in question was voluntarily discontinued by court order pursuant to CPLR 3217 (b). Since the judgment which granted the application to discontinue the action against the defendants did not specify otherwise, the discontinuance was without prejudice...

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