TURNER v. RITTER


293 A.D.2d 404 (2002)

740 N.Y.S.2d 622

JASON TURNER, Appellant, v. ROY R. RITTER, Respondent.

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

Decided April 25, 2002.


The court did not improvidently exercise its discretion in discontinuing the action with prejudice where plaintiff moved for a discontinuance without prejudice during the pendency of a traverse hearing after the court had ordered plaintiff to provide a definite method of establishing the amount of money defendant owed. This was an apparent attempt on plaintiff's part to evade the court's direction and circumvent its authority (see, NBN Broadcasting v Sheridan Broadcasting...

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