• The Complaint Department: The Effects of Voluntary Discontinuance Under CPLR 3217(a)(1) and the Need for Change
  • August 4, 2015 | Author: Lee Rosenberg
  • Law Firm: Saltzman Chetkof & Rosenberg LLP - Garden City Office
  • It has been happening for years-even now in the new era of no-fault divorce. The action is commenced by summons with notice. You appear and demand the complaint. Settlement discussions ensue, but are not entirely fruitful. You exchange some discovery. A preliminary conference is ultimately requested and held. The parties stipulate and the court signs off as part of the preliminary conference order that fault is resolved-a no fault divorce under DRL ยง170(7). The case is litigated or lingers as more discussions ensue.