[*1]
Batac v Capital One Bank
2006 NY Slip Op 50027(U) [10 Misc 3d 140(A)]
Decided on January 10, 2006
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on January 10, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: SUAREZ, P.J., DAVIS, SCHOENFELD, JJ
.

Arturo P. Batac, Plaintiff-Appellant, 570111/04

against

Capital One Bank, Defendant-Respondent.


Plaintiff appeals from an order of the Civil Court, New York County (Donna G. Recant, J.), entered February 18, 2004, which denied his motion to discontinue the action.


PER CURIAM

Order (Donna G. Recant, J.), entered on February 18, 2004, affirmed, with $10 costs.

Civil Court properly exercised its discretion in denying plaintiff's motion to discontinue the action on the eve of trial, where defendant was able to establish prejudice to it if the action were discontinued (see Tucker v. Tucker, 55 NY2d 378, 383-384 [1982]; 25 Jay St. Tenants' Assoc. v. 25 Jay St., 290 AD2d 503, 504 [2002]).

This constitutes the decision and order of the court.
Decision Date: January 10, 2006