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EXPEDITE VIDEO CONFERENCING SERVICES, INC. v. BOTELLO

2008-06984.

67 A.D.3d 961 (2009)

890 N.Y.S.2d 82

2009 NY Slip Op 08781

EXPEDITE VIDEO CONFERENCING SERVICES, INC., Respondent, v. STEVEN M. BOTELLO, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 24, 2009.

Ordered that the order is affirmed, with costs.

The determination of a motion for leave to voluntarily discontinue an action, without prejudice, pursuant to CPLR 3217 (b), rests within the sound discretion of the court (see Tucker v Tucker, 55 N.Y.2d 378, 383 [1982]). In the absence of special circumstances, such as prejudice to a substantial right of the defendant, or other improper consequences, a motion for a voluntary...

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