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CASEY v. CUSTOM CRUSHING & MATERIALS, INC.

309 A.D.2d 726 (2003)

765 N.Y.S.2d 268

DENNIS CASEY et al., Appellants, v. CUSTOM CRUSHING & MATERIALS, INC., et al., Respondents.

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

Decided October 6, 2003.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court providently exercised its discretion in denying that branch of the plaintiffs' cross motion which was for leave to voluntarily discontinue the action, without prejudice, pursuant to CPLR 3217 (b) (see Mathias v Daily News, 301 A.D.2d 503 [2003]). A plaintiff should not be permitted to discontinue an action without...

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