Beigel v. Cohen
This text of 158 A.D.2d 339 (Beigel v. Cohen) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
[340]*340CPLR 3217 (b) permits the court to grant a motion for voluntary discontinuance "upon terms and conditions, as the court deems proper.” Determination of such a motion is in the court’s sound discretion (Tucker v Tucker, 55 NY2d 378, 383) and it was not an abuse of discretion to condition plaintiffs’ relief on their payment of defendants’ legal fees, costs, and disbursements under the circumstances of this case. Concur— Kupferman, J. P., Carro, Milonas, Ellerin and Rubin, JJ.
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Cite This Page — Counsel Stack
158 A.D.2d 339, 551 N.Y.S.2d 28, 1990 N.Y. App. Div. LEXIS 1373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beigel-v-cohen-nyappdiv-1990.