Opinion
January 28, 1999.
Appeal from the Supreme Court, New York County (Richard Lowe, III, J.).
The underlying action having been discontinued with prejudice on November 21, 1997, after entry of the order appealed from, "no action presently exists to ground the motion made by the nonparty [appellant]" ( D'Amico v. Nuzzo, 194 A.D.2d 761), and the appeal from the motion's denial must accordingly be dismissed. The relief nonparty appellant seeks cannot now be obtained except within the context of a newly commenced separate plenary action ( see, Hotel Prince George affiliates v. Grimbilas, 241 A.D.2d 302, lv dismissed 91 N.Y.2d 887; Matter of Creamer, 37 A.D.2d 33, 35; Urso v. Panish, 94 A.D.2d 701).
Concur — Ellerin, J.P., Wallach, Tom and Andrias, JJ.