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NEW YORK DOWNTOWN HOSPITAL v. TERRY

4062, 109099/09.

80 A.D.3d 493 (2011)

914 N.Y.S.2d 628

NEW YORK DOWNTOWN HOSPITAL et al., Appellants, v. LORENZO TERRY et al., Respondents.

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

Decided January 18, 2011.

Contrary to plaintiffs' assertions, it is within a court's discretion to condition an application for a voluntary discontinuance made pursuant to CPLR 3217 (b) upon the movant paying the adverse party's legal fees, costs, and disbursements (see Beigel v Cohen, 158 A.D.2d 339 [1990]). However, under the circumstances presented, the court should have allowed plaintiffs to discontinue their libel claims without any condition (...

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