WebApr 11, 2024 · Movants contend that Plaintiff's notice of discontinuance against Morales constitutes a release or covenant not to sue within the scope of Gen. Oblig. § 15-108. As they point out, some courts have previously held that a discontinuance without monetary consideration may be deemed such a release and allow the remaining defendants’ share … WebDec 13, 2016 · New York Civil Practice Law Section 3217 - Rule 3217. Voluntary Discontinuance. (A) Without an Order. Any Party Asserting a Claim May Discontinue It …

The New York Foreclosure Abuse Prevention Act (FAPA): …

WebJan 23, 2014 · CPLR 3217 (a) (1) BDO USA, LLP v Phoenix Four, Inc., 2014 NY Slip Op 00410 [1st Dept. 2014] The motion court erred in deeming defendants' motions withdrawn. Indeed, the parties never "stipulated" to discontinue BDO's action. Rather, BDO unilaterally filed a notice of voluntary discontinuance. WebCPLR 3217 (a) (1), which governs voluntary discontinuance states, as relevant here, as follows: "Without an order. Any party asserting a claim may discontinue it without an order (1) by serving upon all parties to the action a notice of discontinuance at any time before a responsive pleading is served " hierophant and ace of wands

Voluntary Discontinuance: CPLR R. 3217 thecplrblog

WebHouston County Annex 200 Carl Vinson Parkway Warner Robins, Georgia 31088 Houston County Courthouse 201 N. Perry Parkway Perry, Georgia 31069 WebFeb 9, 2024 · Pursuant to CPLR 3217, a plaintiff may voluntarily discontinue an action by serving and filing a notice of discontinuance, by filing a written stipulation that is signed by the attorneys of record for the parties, or by obtaining a court order discontinuing the action ( see id. ; Rodrigues v. Samaras , 117 A.D.3d at 1024, 987 N.Y.S.2d 78 ). WebPlaintiff filed a stipulation of discontinuance of the second action, but the only signature on it was that of plaintiff’s counsel. , 2024 NY Slip Op. 30330(U), vacating a late-filed notice … hierophant and hanged man