New York Laws
Article 32 - Accelerated Judgment
R3217 - Voluntary Discontinuance.

(b) By order of court. Except as provided in subdivision (a), an
action shall not be discontinued by a party asserting a claim except
upon order of the court and upon terms and conditions, as the court
deems proper. After the cause has been submitted to the court or jury
to determine the facts the court may not order an action discontinued
except upon the stipulation of all parties appearing in the action.
(c) Effect of discontinuance. Unless otherwise stated in the notice,
stipulation or order of discontinuance, the discontinuance is without
prejudice, except that a discontinuance by means of notice operates as
an adjudication on the merits if the party has once before discontinued
by any method an action based on or including the same cause of action
in a court of any state or the United States.
(d) All notices, stipulations, or certificates pursuant to this rule
shall be filed with the county clerk by the defendant.
(e) Effect of discontinuance upon certain instruments. In any action
on an instrument described under subdivision four of section two hundred
thirteen of this chapter, the voluntary discontinuance of such action,
whether on motion, order, stipulation or by notice, shall not, in form
or effect, waive, postpone, cancel, toll, extend, revive or reset the
limitations period to commence an action and to interpose a claim,
unless expressly prescribed by statute.