FRANKEL v. J.P. MORGAN CHASE & CO.

2008-10468

76 A.D.3d 664 (2010)

907 N.Y.S.2d 281

LARRY S. FRANKEL, as Legal Guardian for JEROME FRANKEL, et al., Appellants, and BERNARD GELB et al., Respondents, et al., Plaintiff, v. J.P. MORGAN CHASE & CO. et al., Defendants. MAZZEI AND BLAIR, Nonparty Respondent.

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

Decided August 24, 2010.


Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the motion which was pursuant to CPLR 3217 to voluntarily discontinue the action without prejudice insofar as commenced on behalf of the plaintiff Barbara Brown and substituting therefor a provision granting that branch of the motion, and (2) by adding the words "without prejudice to renewal" after the provision thereof denying that branch of the motion which was pursuant...

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