Practice point: It is within the sound discretion of the court to decide a motion for leave to voluntarily discontinue an action without prejudice, pursuant to CPLR 3217(b).
Practitioners should note that the motion should be granted in the absence of special circumstances, such as prejudice to a defendant's substantial right.
Case: Expedite Video Conferencing Servs., Inc. v. Botello, NY Slip Op 08781 (2d Dept. 2009)
The opinion is here.
Tomorrow's issue: Legal malpractice.
