Allows a party to discontinue a legal action without procedural delays if it benefits an unrepresented party who has not responded to a stipulation.
New York A10408 amends the civil practice law and rules to allow a party to discontinue an action without procedural delays when the discontinuance would benefit an unrepresented party. This applies if the unrepresented party has not responded to a request to stipulate to a discontinuance within a reasonable period. The discontinuance is with prejudice as to the claims discontinued. The party filing the stipulation must demonstrate that sixty days have elapsed since the stipulation was mailed to the unrepresented party and no reply was received.
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