The motion court properly denied plaintiff's request to discontinue this action against defendant-respondent since plaintiff failed to prove compliance with the requirements for voluntary discontinuance set forth in CPLR 3217 (a), and, moreover, the evident motive for his request, made while defendant-respondent's motion to dismiss was pending, was simply to avoid an adverse decision on the merits (see Matter of Baltia Air Lines v CIBC Oppenheimer Corp.,
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LUI v. CHINESE-AMERICAN PLANNING COUNCIL, INC.
300 A.D.2d 80 (2002)
750 N.Y.S.2d 750
ALFRED LUI, Appellant, v. CHINESE-AMERICAN PLANNING COUNCIL, INC., Respondent, et al., Defendant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided December 10, 2002.
Decided December 10, 2002.
Appellate Division of the Supreme Court of the State of New York, First Department.
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