In Kourkoumelis v. Arnel, 238 AD2d 313 (2d Dept. 1997), the Appellate Division noted that the dismissal of the prior federal action was pursuant to Rule 41(a)(1) and ruled that the dismissal constituted a voluntary discontinuance for purposes of the six months extension. However, the court did not imply that the dismissal would not have constituted a voluntary discontinuance if the dismissal had been pursuant to Rule 41(a)(2). Indeed, since Rule 41(a) is entitled "Voluntary Dismissal," a dismissal by plaintiff by stipulation pursuant to Rule 41(a)(1) or by court order pursuant to Rule 41(a)(2) should be equally voluntary for purposes of the statute of limitations.