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EUGENIA VI VENTURE HOLDINGS, LTD. v. MAPLEWOOD EQUITY PARTNERS, L.P.

38 A.D.3d 264 (2007)

832 N.Y.S.2d 155

EUGENIA VI VENTURE HOLDINGS, LTD., Appellant, v. MAPLEWOOD EQUITY PARTNERS, L.P., Respondent.

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

Decided March 8, 2007.

Defendant's "limited opposition" to plaintiff's motion to discontinue consented to a discontinuance provided it was with prejudice. Defendant argued that it had been put to considerable expense in preparing motions to dismiss the complaint and disqualify plaintiff's attorney, and plaintiff's request to discontinue was the latest instance of a pattern of discontinuing and recommencing "seriatim complaints" to cause defendant and...

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