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GONZALEZ v. KAYE

58 A.D.3d 578 (2009)

872 N.Y.S.2d 443

DANIEL GONZALEZ, Respondent, v. EUGENIA KAYE, Appellant.

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

January 29, 2009.

Defendant claims no prejudice arising from the discontinuance of the action (see Burnham Serv. Corp. v National Council on Compensation Ins., 288 A.D.2d 31, 32-33 [2001]). She contends that plaintiff sought the discontinuance to avoid an adverse determination on defendant's motion for summary judgment (see e.g. Matter of Baltia Air Lines v CIBC Oppenheimer Corp.,

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