BDO USA, LLP v. PHOENIX FOUR, INC.

11056-653618/12, 11056A

113 A.D.3d 507 (2014)

979 N.Y.S.2d 45

2014 NY Slip Op 410

BDO USA, LLP, Respondent, v. PHOENIX FOUR, INC., et al., Appellants.

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

Decided January 23, 2014.


Order, Supreme Court, New York County (Anil C. Singh, J.), entered February 6, 2013, which deemed defendants Strategic Resources Corp., Paul Schack and James J. Hopkins, III's (collectively SRC) motion, and defendant Phoenix Four, Inc.'s (Phoenix) cross motion to discontinue the action with prejudice under CPLR 3217 (b) withdrawn on the ground that the action had been discontinued, unanimously reversed, on the law and in the exercise of discretion, without costs, plaintiff...

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