WebJun 21, 2024 · In Harris v Ward Greenberg Heller & Reidy LLP, decided June 16, 2024, the Fourth Department in a lengthy review of CPLR 3217 held that a notice of voluntary discontinuance served after a motion to dismiss was still timely because, simply put, a motion to dismiss is not a “responsive pleading” under the statute. The Court reasoned, … WebCPLR 3101: Scope of disclosure CPLR 3101 Scope of disclosure (a) Generally. There shall be full disclosure of all matter material and necessary in the prosecution or defense of an …

Res Judicata, a prior stip, and CPLR 3217 - bruteforcelawyer.com

WebJun 2, 2015 · Suppose you have filed a personal injury case, and after negotiations, you agree to a settlement amount, you will have to sign stipulation of discontinuance and … WebRule 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 … cough burning chest

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WebCPLR 3213: Withdrawal of moving papers by stipulation where action not discontinued equated to situation resulting from service of sumnons without complaint. Under CPLR … Webmemorandum of law in support of its motion under CPLR 3217(b) for an order discontinuing ... 1228(A), at *2 (Sup. Ct. Suffolk Cty. 2015) (granting discontinuance). When considering WebAug 4, 2015 · It has been happening for years-even now in the new era of no-fault divorce. The action is commenced by summons with notice. You appear and demand the complaint. Settlement discussions ensue, but are not entirely fruitful. You exchange some discovery. A preliminary conference is ultimately requested and held. The parties stipulate and the … cough burning