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PARRAGUIRRE v. 27TH ST. HOLDING, LLC

37 A.D.3d 793 (2007)

831 N.Y.S.2d 460

GUILLERMO PARRAGUIRRE, Respondent, v. 27TH ST. HOLDING, LLC, et al., Defendants and Third-Party Plaintiffs. FORDHAM ROAD CONCRETE CORP., Third-Party Defendant-Appellant.

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

Decided February 27, 2007.

Ordered that the order is affirmed, with costs.

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, 383 [1982]). In the absence of special circumstances, such as prejudice to a substantial right of the defendant, or other improper consequences, a motion for a voluntary

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