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BOVE v. CHERNEY

252 A.D.2d 512 (1998)

675 N.Y.S.2d 284

Ann Bove et al., Respondents, v. Stuart B. Cherney et al., Defendants, and North Shore Surgi-Center, Inc., Appellant

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

July 13, 1998

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the plaintiffs' motion. It is undisputed that no written stipulation of discontinuance signed "by the attorneys of record for all parties" was ever filed with the clerk of the court as required pursuant to CPLR 3217 (a) (2) (see, Millicent Bender, Inc. v J. D. Posillico, Inc., 144 A.D.2d 548

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