2006 New York Code - Voluntary Discontinuance.

    Rule  3217.  Voluntary discontinuance. (a) Without an order. Any party
  asserting a claim may discontinue it without an order
    1.  by  serving  upon  all  parties  to  the  action   a   notice   of
  discontinuance  at  any  time  before a responsive pleading is served or
  within twenty days after service of the pleading  asserting  the  claim,
  whichever  is  earlier, and filing the notice with proof of service with
  the clerk of the court; or
    2. by filing with the clerk of the court  before  the  case  has  been
  submitted  to  the  court or jury a stipulation in writing signed by the
  attorneys of record for all  parties,  provided  that  no  party  is  an
  infant,  incompetent  person  for whom a committee has been appointed or
  conservatee and no person not a party has an  interest  in  the  subject
  matter of the action; or
    3.  by  filing  with  the  clerk of the court before the case has been
  submitted to the court or jury a certificate or notice of discontinuance
  stating that any parcel of land which  is  the  subject  matter  of  the
  action  is  to  be excluded pursuant to title three of article eleven of
  the real property tax law.
    (b) By order of court. Except  as  provided  in  subdivision  (a),  an
  action  shall  not  be  discontinued by a party asserting a claim except
  upon order of the court and upon terms  and  conditions,  as  the  court
  deems  proper.   After the cause has been submitted to the court or jury
  to determine the facts the court may not order  an  action  discontinued
  except upon the stipulation of all parties appearing in the action.
    (c)  Effect  of discontinuance. 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 action
  in a court of any state or the United States.
    (d) All notices, stipulations, or certificates pursuant to  this  rule
  shall be filed with the county clerk by the defendant.

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