New York Dismissal Without Prejudice
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NY CPLR RULE RULE 3219. Within ten days after such deposit the claimant may withdraw the amount deposited upon filing a duly acknowledged statement that the withdrawal is in satisfaction of the claim. The clerk shall thereupon enter judgment dismissing the pleading setting forth the claim, without costs.
CPLR 3211(a)(7) is designed to ensure not only that a plaintiff. states a cause of action, but also that he has one.' Toward this end, Judge Wachtler stated, rule 3211(a) permits both parties to submit. any evidence which a court could consider on a motion for summary.
CPLR 3217(b) permits the discontinuance of an action by a party with leave of court or by a stipulation of the parties before the cause is submitted to the trier of fact for a determination of the facts; but once the cause has been submitted for a determination of the facts, a discontinuance may only be granted upon ...
New York Consolidated Laws, Civil Practice Law and Rules - CVP Rule 3024. Motion to correct pleadings. (a) Vague or ambiguous pleadings. If a pleading is so vague or ambiguous that a party cannot reasonably be required to frame a response he may move for a more definite statement.
Unless otherwise stated in the notice, stipulation or order of discontinuance, the discontinuance is without prejudice, except that a discontinuance by means of notice operates as an adjudication on the merits if the party has once before discontinued by any method an action based on or including the same cause of ...
Other motions to dismiss ask for dismissal with prejudice. This means that the case can't be started again. For example, if the case is legally time barred by the statute of limitations or the plaintiff or petitioner does not have the right to start the case.
In the State of New York, Civil Practice Law and Rule (CPLR) § 3217(a) provides a specific time within which a plaintiff can unilaterally discontinue an action?either the expiration of 20 days after service of the complaint or 20 days from the moment the defendant serves an answer, whichever is soonest.
Section R3216 - Want of prosecution (a) Where a party unreasonably neglects to proceed generally in an action or otherwise delays in the prosecution thereof against any party who may be liable to a separate judgment, or unreasonably fails to serve and file a note of issue, the court, on its own initiative or upon ...
