Opinion
March 29, 2000.
Appeal from Judgment of Supreme Court, Erie County, Notaro, J. — Counsel Fees.
PRESENT: PIGOTT, JR., P. J., WISNER, SCUDDER AND LAWTON, JJ.
Judgment unanimously reversed on the law without costs and application dismissed.
Memorandum:
Supreme Court erred in granting the application of third-party plaintiffs for judgment against third-party defendant for attorneys' fees, costs and disbursements incurred in the defense of the primary action. Third-party plaintiffs brought their application after the primary action was settled and an unconditional stipulation of settlement signed by the parties was filed. Although a trial court has the power "to exercise supervisory control over all phases of pending actions and proceedings" ( Teitelbaum Holdings v. Gold , 48 N.Y.2d 51, 54 ), it lacks jurisdiction to entertain a motion after the action has been "unequivocally terminated * * * [by the execution of] an express, unconditional stipulation of discontinuance" ( Teitelbaum Holdings v. Gold, supra, at 56; see, Kurtz v. Kurtz , 135 A.D.2d 615 ; Matter of Town of Johnstown v. City of Gloversville , 36 A.D.2d 143, 145, lv dismissed 29 N.Y.2d 639).