Batac v. Capital One Bank

Full title: ARTURO P. BATAC, Plaintiff-Appellant, v. CAPITAL ONE BANK…

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: Jan 10, 2006

2006 N.Y. Slip Op. 50027 (N.Y. App. Term 2006)

814 N.Y.S.2d 559

Opinion

570111/04.

Decided January 10, 2006.

Plaintiff appeals from an order of the Civil Court, New York County (Donna G. Recant, J.), entered February 18, 2004, which denied his motion to discontinue the action.

Order (Donna G. Recant, J.), entered on February 18, 2004, affirmed, with $10 costs.

PRESENT: SUAREZ, P.J., DAVIS, SCHOENFELD, JJ

PER CURIAM

Civil Court properly exercised its discretion in denying plaintiff's motion to discontinue the action on the eve of trial, where defendant was able to establish prejudice to it if the action were discontinued ( see Tucker v. Tucker, 55 NY2d 378, 383-384; 25 Jay St. Tenants' Assoc. v. 25 Jay St., 290 AD2d 503, 504).

This constitutes the decision and order of the court.