Opinion
April 7, 1998
Appeal from the Supreme Court, New York County (Richard Braun, J.).
Plaintiff's various claims were properly dismissed upon the basis of his representation at trial that he was not proceeding on certain claims, his earlier withdrawal with prejudice of another claim, and prior orders dismissing the remaining claims (see, Public Adm'r of County of N.Y. v. Frota Oceanica Brasileira, 222 A.D.2d 332, lv dismissed 88 N.Y.2d 920; Ford Motor Credit Co. v. Colonial Funding Corp., 215 A.D.2d 435, 436; see also, Siegel, N.Y. Prac § 448, at 679-680 [2d ed]).
Concur — Sullivan, J.P., Rosenberger, Williams and Andrias, JJ.