Opinion
No. 2022-50865
09-15-2022
78/79 York Associates LLC, Petitioner-Appellant, v. Inta Radetsky, Respondent-Respondent.
Unpublished Opinion
PRESENT: Brigantti, J.P., Tisch, Michael, JJ.
PER CURIAM.
Petitioner appeals from an order of the Civil Court of the City of New York, New York County (Sabrina B. Kraus, J.), entered on or about June 29, 2021, which granted respondent's motion to vacate a judgment entered August 10, 2010 and lifted all liens, executions and restraints imposed upon respondent in connection with that judgment.
Order (Sabrina B. Kraus, J.), entered on or about June 29, 2021, affirmed, with $10 costs.
Civil Court correctly determined that the parties intended that the underlying August 2010 judgment be vacated when they subsequently entered into the October 2010 stipulation of discontinuance. When a matter is discontinued, it is as if the proceeding has never begun. Everything done in the case, including prior orders or judgments, is annulled (see Matter of HSBC Bank USA, NA [Makowski], 72 A.D.3d 1515 [2010]; Newman v Newman, 245 A.D.2d 353 [1997]). Since the August 2010 judgment was a nullity, the court properly lifted all liens, executions and restraints issued upon respondent pursuant to that judgment. Petitioner's remedy, which was clearly anticipated by its reservation of rights in the stipulation, was to commence a plenary action for the disputed arrears.
All concur