Ordered that the order is affirmed insofar as appealed from, with costs.
Although a plaintiff has an "absolute and unconditional" right to discontinue an action prior to the service of a responsive pleading (see CPLR 3217 [a]; Newman v Newman,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.