HOTEL PRINCE GEORGE AFFILIATES v. GRIMBILAS


241 A.D.2d 302 (1997)

659 N.Y.S.2d 473

Hotel Prince George Affiliates, Appellant, v. Georgia O. Grimbilas, as Executrix of Norah Maroalis, Deceased, et al., Respondents. (And Another Action.)

Appellate Division of the Supreme Court of the State of New York, First Department.

July 1, 1997


The IAS Court properly held that it lacked jurisdiction to set aside the global settlement since numerous necessary parties in the related actions were not before it. Further, since a stipulation of discontinuance had been filed, the actions were terminated and the stipulation could only be set aside in a separate plenary action (see, D'Amico v Nuzzo, 194 A.D.2d 761). To the extent...

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