How do I drop my civil case? How do I discontinue my case?
Answer
If you file a civil case and then decide that you want to drop the case, you can do so by filing a document called a stipulation of discontinuance. This will discontinue or end the case. Generally, the stipulation must be filed with the court or county clerk and also served on the other parties to the case, but there are different rules for how to proceed for different courts. The statute that discusses how to discontinue a case is section 3217 of the Civil Practice Law and Rules.
Below, you can see the New York Court Rules and Regulations for filing a discontinuance for the different types of courts:
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Supreme and County Court: 22 NYCRR 202.28 Discontinuance of Civil Actions and Notice to the Court
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City Courts outside New York City: 22 NYCRR 210.16 Discontinuance of Civil Actions
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Civil Court of the City of New York: 22 NYCRR 208.16 Discontinuance of Actions
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District Courts: 22 NYCRR 212.16 Discontinuance of Actions
There is information about filing a discontinuance in a nonpayment case in New York City Housing Court here.
Here are some examples of forms you can use to file for a discontinuance in Supreme Court from the 6th Judicial District (upstate) and 1st Judicial District (NYC). If you need to file in a city or district court, please contact the court to find out if there is a local form you should use.