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New York Civil Practice Law & Rules - Article 32 - § R3217 Voluntary Discontinuance

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Civil Practice Law and Rules
 
    Rule  3217.  Voluntary discontinuance. (a) 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 or, if
  no  responsive pleading is required, within twenty days after service of
  the pleading asserting the claim and filing the  notice  with  proof  of
  service with the clerk of the court; or
    2.  by  filing  with  the  clerk of the court before the case has been
  submitted to the court or jury a stipulation in writing  signed  by  the
  attorneys  of  record  for  all  parties,  provided  that no party is an
  infant, incompetent person for whom a committee has  been  appointed  or
  conservatee  and  no  person  not a party has an interest in the subject
  matter of the action; or
    3. by filing with the clerk of the court  before  the  case  has  been
  submitted to the court or jury a certificate or notice of discontinuance
  stating  that  any  parcel  of  land  which is the subject matter of the
  action is to be excluded pursuant to title three of  article  eleven  of
  the real property tax law.
    (b)  By  order  of  court.  Except  as provided in subdivision (a), an
  action shall not be discontinued by a party  asserting  a  claim  except
  upon  order  of  the  court  and upon terms and conditions, as the court
  deems proper.  After the cause has been submitted to the court  or  jury
  to  determine  the  facts the court may not order an action discontinued
  except upon the stipulation of all parties appearing in the action.
    (c) Effect of discontinuance. Unless otherwise stated in  the  notice,
  stipulation  or  order  of discontinuance, the discontinuance is without
  prejudice, except that a discontinuance by means of notice  operates  as
  an  adjudication on the merits if the party has once before discontinued
  by any method an action based on or including the same cause  of  action
  in a court of any state or the United States.
    (d)  All  notices, stipulations, or certificates pursuant to this rule
  shall be filed with the county clerk by the defendant.
Section:  Previous  Article 32  3201  R3211  R3212  3213  R3214  3215  R3216  R3217  3218  R3219  R3220  R3221  R3222  Next

Last modified: February 15, 2014