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ROSENFELD v. RENIKA PTY. LTD.

5225, 600061/10.

84 A.D.3d 703 (2011)

923 N.Y.S.2d 328

STEVEN ROSENFELD et al., Respondents, v. RENIKA PTY. LTD. et al., Appellants.

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

Decided May 31, 2011.

Plaintiffs' notice of voluntary discontinuance was untimely under CPLR 3217 (a), and was apparently served to avoid an adverse decision on the pending motion to dismiss the complaint with prejudice (see McMahan v McMahan, 62 A.D.3d 619, 620 [2009]; Citidress II Corp. v Hinshaw & Culbertson LLP, 59 A.D.3d 210, 211 [2009]; NBN Broadcasting v Sheridan Broadcasting Networks,

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