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MATHIAS v. DAILY NEWS, L.P.

301 A.D.2d 503 (2003)

752 N.Y.S.2d 896

FRANCES MATHIAS, Doing Business as WEIMAR NEWS DELIVERY, INC., et al., Appellants, et al., Plaintiffs, v. DAILY NEWS, L.P., Respondent.

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

Decided January 13, 2003.

Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, without costs or disbursements, and the action is discontinued without prejudice.

The determination of a motion for leave to voluntarily discontinue an action without prejudice pursuant to CPLR 3217 (b) rests within the sound discretion of the court (see Tucker v Tucker, 55 N.Y.2d 378

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