cplr 3217 d discontinue action
829 F.2d 326 (2nd Cir. 1987), 713, Apple v. Jewish Hosp. and Medical Center
... of the remainder of, a medical malpractice action. Dr. William Adel Aziz appeals from so much of an ... pain and suffering" was voluntarily discontinued. The stipulation, discontinuing the action with ...Since under CPLR 3217(a) a plaintiff is entitled to discontinue a ...
Sheffield v. Sheriff of Rockland County Sheriff Department, 092210 FED2, 08-0840-cv
...Following this, Sheffield filed an action pro se in New York State Supreme Court against ... to dismiss, Sheffield sought to discontinue the action, stating that the "superior forum" of ...C.P.L.R. § 3217(b) (relating to voluntary discontinuance by leave ... Article 75 or Article 78 of the New York [CPLR])" in which Sheffield could not have recovered ...