Opinion
July 1, 1997
Appeal from the Supreme Court, New York County (Stanley Sklar, J.).
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 appellant and his clients seek further relief for alleged wrongs committed by other parties, they may commence a separate action or seek arbitration pursuant to the terms of the partnership agreement. We have considered appellant's remaining arguments and find them to be without merit.
Concur — Murphy, P. J., Milonas, Ellerin, Andrias and Colabella, JJ.