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)
Links & Files
- NY County Supreme Ct Notice of Discontinuance sample form
- NYC Housing Court Court Judgments in Nonpayment Cases
- First JD Stipulation of Discontinuance Form
- Sixth JD Stipulation Discontinuing Action Form
- 11th JD Civil Term, Queens Supreme Forms--Miscellaneous -- Notice and Stipulation of Discontinuance
- Uniform Rules for NY State Trial Courts
- CPLR 3217