LLC v. PAF (2026)

The following e-filed documents, listed by NYSCEF document number (Motion 006) 154, 155, 156 were read on this motion to DISCONTINUE .

In this breach of contract action plaintiff Concordance Healthcare Solutions LLC moves, pursuant to CPLR § 3217 (b), to voluntarily discontinue this action, without prejudice. No opposition to the motion has been filed.

The only remaining defendant in this action is Kori Capital. By order dated February 11, 2026, this court held defendant Kori Capital in default and ordered that Kori's answer be stricken (NYSCEF doc. no. 148). Rather than proceeding with an inquest, plaintiff now elects to discontinue this action, without prejudice, with leave to reinstate the action in the event a representative of Kori Capital can be located (NYSCEF doc. no. 155, para. 14).

CPLR 3217 governs the voluntary discontinuance of a claim by any party, whether with or without leave of court. Any party asserting a claim may discontinue it without an order by serving upon all parties to the action a notice of discontinuance at any time before a responsive pleading is served or required (CPLR 3217 [a] [1], [2]).

Here, the court can find no prejudice or special circumstances to warrant this court's refusal to recognize plaintiff's request to discontinue this action (Bank of Am., Nat. Ass'n v Douglas, 110 AD3d 452 [1st Dept 2013][the lower court erred in declining to permit plaintiff to voluntarily discontinue the action where no special circumstances were shown and no evidence was presented that plaintiff sought to avoid an adverse determination][internal citations omitted]).

The determination to permit a plaintiff to voluntarily withdraw is generally within the sound discretion of the court, but the court should not compel a party to litigate (id.). Absent special circumstances or documented prejudice, a discontinuance should be granted (id.).

Accordingly, it is hereby

ORDERED that plaintiff's motion to discontinue this action (motion seq. no. 006) is granted, and this action is hereby discontinued, without prejudice; and it is further

ORDERED that this action shall be deemed discontinued for all purposes. The Clerk of the Court is directed to mark this action disposed.

DAE March 18, 2026

ROBERT R. REED, J.S.C.

Robert R. Reed, J.