Lazare v. Pfizer, Inc.

Full title: ALLAN J. LAZARE, Appellant, v. PFIZER, INC., Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 21, 1999

257 A.D.2d 498 (N.Y. App. Div. 1999)

682 N.Y.S.2d 850

Opinion

January 21, 1999.

Appeal from the Supreme Court, New York County (Richard Braun, J.).

Plaintiff's action was terminated by the filing by an express stipulation of discontinuance executed by both parties ( Hotel Prince George Affiliates v. Grimbilas, 241 A.D.2d 302, lv dismissed 91 N.Y.2d 887; cf., Teitelbaum Holdings v. Gold, 48 N.Y.2d 51) and the scheduling of court conferences could not revive the previously terminated action ( see, Stellato v. Stellato, 230 A.D.2d 842, lv dismissed 89 N.Y.2d 982; Matter of Creamer, 37 A.D.2d 33, 36). Contrary to plaintiff's contention, we do not find the stipulation to be conditioned upon plaintiff amending his complaint in Federal court.

Concur — Rosenberger, J.P., Ellerin, Tom and Saxe, JJ.