Q. What is a stipulation of discontinuance?

I want to discontinue the case. I want to drop the case.. How do I do that?

Answer

CPLR 3217 provides guidance on how to discontinue a case. See the list below for the court rules applicable to your court. There is a filing fee. The court website provides some sample forms, but review them carefully. They may not be appropriate for your situation. 

 

  • 22 NYCRR 202.28 Discontinuance of Civil Actions and Notice to the Court
  • 22 NYCRR 210.16 Discontinuance of civil actions (UCR for the City Courts Outside the City of New York)
  • 22 NYCRR 208.16 Discontinuance of actions (UCR for the New York City Civil Court)
  • 22 NYCRR 212.16 Discontinuance of actions (UCR for the District Courts UCR for the Discontinuance of Civil Actions and Notice to the Court)

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  • Last Updated Oct 18, 2021
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  • Answered By Librarian 5

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