AMERICAN TRANSIT INSURANCE COMPANY v. ROBERSON

2013-03675

114 A.D.3d 821 (2014)

980 N.Y.S.2d 778

2014 NY Slip Op 1144

AMERICAN TRANSIT INSURANCE COMPANY, Appellant, v. SHAYLA ROBERSON et al., Respondents.

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

Decided February 19, 2014.


In an action for a declaratory judgment, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Woodard, J.), entered December 26, 2012, as, upon granting its motion pursuant to CPLR 3217(b) to discontinue the action, did so "with prejudice" and set the matter down for an inquest on the issue of the amount of costs and an attorney's fee to which the defendants are entitled.

Ordered that the order is modified, on the facts and in the exercise...

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