In Headley v. Noto (45 Misc.2d 284 [Sup Ct, Kings County], the court held that a complaint would not be dismissed on the ground that the plaintiffs had voluntarily discontinued two previous actions for the same relief since although the plaintiff's initial discontinuance was strategic (i.e., the discontinuance of a legal counterclaim in order to avoid giving the plaintiff in that otherwise equitable action the right to a jury trial), the plaintiffs had attempted to withdraw the second time because they conceded invalid service of process, not because they were attempting harassment.