Cohen v. Cohen

Full title: BRUCE COHEN, Respondent, v. MARCIA COHEN, Appellant

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

Date published: Nov 22, 1994

209 A.D.2d 329 (N.Y. App. Div. 1994)

619 N.Y.S.2d 546

Opinion

November 22, 1994

Appeal from the Supreme Court, New York County (David Saxe, J.).

Vacatur of plaintiff's notice of discontinuance was properly denied on the ground that even if "`devious or unfair conduct'" may, if "particularly egregious", estop a party from asserting its absolute and unconditional right to discontinue a claim before service of the pleading asserting it, no such showing was made (Giambrone v. Giambrone, 140 A.D.2d 206, 207).

Concur — Ross, J.P., Asch, Rubin, Nardelli and Tom, JJ.