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Kret v. Gergely

393 N.E.2d 1040, 47 N.Y.2d 990, 419 N.Y.S.2d 967, 1979 N.Y. LEXIS 2223
CourtNew York Court of Appeals
DecidedJuly 9, 1979
StatusPublished
Cited by3 cases

This text of 393 N.E.2d 1040 (Kret v. Gergely) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kret v. Gergely, 393 N.E.2d 1040, 47 N.Y.2d 990, 419 N.Y.S.2d 967, 1979 N.Y. LEXIS 2223 (N.Y. 1979).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, on the reasoning of the memorandum at the Appellate Division, to which we add only that to permit a discontinuance without prejudice to be converted into one with prejudice, even after a fact-finding hearing, imports an element of motivation into the infant compromise procedure not contemplated by CPLR 1207 and 1208. Whether the original discontinuance was with or without prejudice, it could not be binding on anyone absent compliance with CPLR 1207 and 1208.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones,

Wachtler and Meyer concur; Judge Fuchsberg taking no part.

Order affirmed, with costs, in a memorandum.

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Cite This Page — Counsel Stack

Bluebook (online)
393 N.E.2d 1040, 47 N.Y.2d 990, 419 N.Y.S.2d 967, 1979 N.Y. LEXIS 2223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kret-v-gergely-ny-1979.