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Yawn v. Cotto

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 25, 1979
67 A.D.2d 834 (N.Y. App. Div. 1979)

Opinion

January 25, 1979

Appeal from the Monroe County Court.

Present — Simons, J.P., Hancock, Jr., Schnepp, Callahan and Witmer, JJ.


Order unanimously reversed, without costs, and order of Rochester City Court reinstated. Memorandum: CPLR 3217 (subd [b]) providing for voluntary discontinuance, should be liberally construed. In the absence of any showing of prejudice there was no abuse of discretion by the City Court Judge in granting the motion.


Summaries of

Yawn v. Cotto

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 25, 1979
67 A.D.2d 834 (N.Y. App. Div. 1979)
Case details for

Yawn v. Cotto

Case Details

Full title:LONNIE YAWN, Appellant, v. CARLOS COTTO et al., Respondents

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

Date published: Jan 25, 1979

Citations

67 A.D.2d 834 (N.Y. App. Div. 1979)