Yawn v. Cotto

Appellate Division of the Supreme Court of New York

Yawn v. Cotto

67 A.D.2d 834, 412 N.Y.S.2d 794, 1979 N.Y. App. Div. LEXIS 10492

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 25, 1979

StatusPublished

This text of 67 A.D.2d 834 (Yawn v. Cotto) 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.

Bluebook

Yawn v. Cotto, 67 A.D.2d 834, 412 N.Y.S.2d 794, 1979 N.Y. App. Div. LEXIS 10492 (N.Y. Ct. App. 1979).

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Opinion

Order unanimously reversed, without costs, and order of Rochester City Court reinstated. Memorandum: CPLR 3217 (subd [b]) providing for voluntary discontinuance, should be liberally construed. In the absence of any showing of prejudice there was no abuse of discretion by the City Court Judge in granting the motion. (Appeal from order of Monroe County Court —discontinuance action.) Present — Simons, J. P., Hancock, Jr., Schnepp, Callahan and Witmer, JJ.

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Order unanimously reversed, without costs, and order of Rochester City Court reinstated. Memorandum: CPLR 3217 (subd [b]) providing for voluntary discontinuance, should be liberally construed. In the absence of any showing of prejudice there was no abuse of discretion by the City Court Judge in granting the motion. (Appeal from order of Monroe County Court —discontinuance action.) Present — Simons, J. P., Hancock, Jr., Schnepp, Callahan and Witmer, JJ.

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Bluebook (online)

67 A.D.2d 834, 412 N.Y.S.2d 794, 1979 N.Y. App. Div. LEXIS 10492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yawn-v-cotto-nyappdiv-1979.