Opinion
Submitted September 26, 2001.
October 15, 2001.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Schulman, J.), dated November 21, 2000, which denied his motion to vacate a stipulation of discontinuance dated October 13, 1998.
Andrew Hirschhorn, Rosedale, N.Y., for appellant.
Leahey Johnson, P.C., New York, N.Y. (James P. Tenney and Peter James Johnson, Jr., of counsel), for respondent Charles Underwood.
Goldman Grossman, New York, N.Y. (Jay S. Grossman of counsel), for respondent Giuseppe Loccisano.
Before: CORNELIUS J. O'BRIEN, J.P., SONDRA MILLER, LEO F. McGINITY, ROBERT W. SCHMIDT, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court did not err in denying the plaintiff's motion to vacate a stipulation of discontinuance. The stipulation of discontinuance was properly signed by the attorneys of record for all the parties, and was clear and unambiguous as to the intent of the parties to discontinue the entire action and all cross claims with prejudice (see, CPLR 3217[a][2]; [c]; Royal York Realty v. Ancona, 280 A.D.2d 593).
The plaintiff's remaining contentions are without merit.
O'BRIEN, J.P., S. MILLER, McGINITY, SCHMIDT and TOWNES, JJ., concur.