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STATE OF NEW YORK v. VIGLIOTTA BROTHERS REAL ESTATE, INC.

301 A.D.2d 516 (2003)

753 N.Y.S.2d 389

STATE OF NEW YORK, Respondent, v. VIGLIOTTA BROTHERS REAL ESTATE, INC., et al., Defendants, and SUN MARK INDUSTRIES, INC., et al., Appellants. (And Another Action.)

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

Decided January 13, 2003.

Ordered that the order is modified by deleting from the provision thereof granting the plaintiff's motion to discontinue the words "without prejudice," and substituting therefor the words "with prejudice"; as so modified, the order is affirmed insofar as appealed from, with costs to the appellants.

The Supreme Court improvidently exercised its discretion in granting the plaintiff's motion to discontinue all causes of action...

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