Bank of N.Y. Mellon v Portz

Holding The Appellate Division affirmed the lower court’s grant of the plaintiff’s motion to voluntarily discontinue the foreclosure action without prejudice. The court determined that the plaintiff was entitled to leave to discontinue absent a showing of special circumstances or substantial prejudice to the defendant.

The court’s words

In general, a motion for a voluntary discontinuance should be granted without prejudice absent a showing of special circumstances

2026 NY Slip Op 06408, at the official text

Here, there was no showing of substantial prejudice or other improper results arising from the proposed discontinuance

2026 NY Slip Op 06408, at the official text

the Supreme Court providently exercised its discretion in granting the plaintiff's motion pursuant to CPLR 3217(b)

2026 NY Slip Op 06408, at the official text