Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the discontinuance of the action is "without prejudice."
In general, absent a showing of special circumstances, including prejudice to a substantial right of the defendant or other improper consequences, a motion for a voluntary discontinuance should be granted without prejudice (see CPLR 3217[c]; Tucker v Tucker,
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