DBW TL HOLDCO 2014, LLC v Kirk

Holding The Appellate Division reversed the lower court’s denial of the plaintiff’s motion to discontinue the action against one defendant and to amend the judgment. The court held that the motion should be granted because the parties reached a settlement and no substantial prejudice or improper results would arise from the discontinuance.

The court’s words

A motion for leave to discontinue an action is addressed to the sound discretion of the court, and generally should be granted unless the discontinuance would prejudice a substantial right of another party

2026 NY Slip Op 05379, at the official text

since the plaintiff and Kathleen have reached a settlement and there was no showing of substantial prejudice or other improper results arising from the proposed discontinuance

2026 NY Slip Op 05379, at the official text