URBONOWICZ v. YARINSKY


290 A.D.2d 922 (2002)

737 N.Y.S.2d 398

LUCRETIA URBONOWICZ et al., Respondents, v. STEVEN YARINSKY et al., Appellants.

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

Decided January 31, 2002.


Rose, J.

Shortly after joinder of issue, but before expiration of the statute of limitations, plaintiffs moved pursuant to CPLR 3217 (b) for leave to voluntarily discontinue this medical malpractice action in order to prosecute their claims in an action in Saratoga County where defendants reside and conduct their practice. In opposition, defendants argued that they would not receive a fair trial if plaintiffs' claims were tried in Saratoga County due to adverse publicity...

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