Voluntary discontinuance is not free: what a Queens no-fault case still teaches about CPLR 3217
By Jason Tenenbaum, Attorney Every litigator has a file they would like to make disappear. New York lets a plaintiff do that, up to a point, through the voluntary discontinuance provisions of CPLR 3217. What the statute does not promise is that walking away costs nothing. A 2015 decision from the Appellate Term in a


