In a September 20, 2010 decision by Justice Warshawsky, the Court granted plaintiffs’ motion, pursuant to CPLR 3217, to discontinue the action, without prejudice, in favor of allowing plaintiffs to litigate the issues in an action pending in the federal district court in the District of New Jersey. The court also granted defendants leave to apply to the Court for an order fixing terms as to statutory costs, disbursements, legal fees and additional expenses incured from the inception of the action to the date of the Order. The case arose out of a failed effort to form a corporation under a Shareholders’ Agreement for the purpose of consolidating the parties’ individual companies into a single entity involved in the home mortgage business. Defendants objected to the discontinuance, claiming undue prejudice, which the court rejected.