Opinion
2001-09300
Submitted October 31, 2002.
January 13, 2003.
In an action pursuant to Navigation Law article 12, the defendants Sun Mark Industries, Inc., Sun Oil Company, Inc., Sun Company, Inc., and Sun Refining and Marketing, Inc., appeal from so much of an order of the Supreme Court, Suffolk County (Seidell, J.), dated August 21, 2001, as, upon granting the plaintiff's motion to discontinue all causes of action asserted against them, did so "without prejudice."
Ranni Vassalle, LLP, New York, N.Y. (Andrew Giuseppe Vassalle of counsel), for appellants.
Eliot Spitzer, Attorney-General, Albany, N.Y. (Peter H. Schiff and Patrick Barnett-Mulligan of counsel), for respondent.
Before: GABRIEL M. KRAUSMAN, J.P., GLORIA GOLDSTEIN, SANDRA L. TOWNES, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is modified by deleting from the provision thereof granting the plaintiff's motion to discontinue the words "without prejudice," and substituting therefor the words "with prejudice"; as so modified, the order is affirmed insofar as appealed from, with costs to the appellants.
The Supreme Court improvidently exercised its discretion in granting the plaintiff's motion to discontinue all causes of action asserted against the appellants "without prejudice" (see Brenhouse v. Anthony Indus. 156 A.D.2d 411; Valladares v. Valladares, 80 A.D.2d 244, affd 55 N.Y.2d 388).
KRAUSMAN, J.P., GOLDSTEIN, TOWNES and RIVERA, JJ., concur.