Appellant's motion to preclude plaintiff from testifying as a party at trial was properly denied. While plaintiff at one point indicated a willingness to discontinue, and a stipulation was prepared to that effect, the stipulation was neither signed by the attorneys for all the parties nor filed with the clerk of the court as required by CPLR 3217 (a) (2) in order to be effective (see, Millicent Bender, Inc. v J.D. Posillico, Inc.,
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BARKER v. BARKER
295 A.D.2d 151 (2002)
742 N.Y.S.2d 841
SUZANNE BARKER et al., Respondents, v. ANDREW M. BARKER et al., Defendants, and EDWARD J. FURCHT, JR., Appellant. (And Another Action.)
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided June 11, 2002.
Decided June 11, 2002.
Appellate Division of the Supreme Court of the State of New York, First Department.
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