Opinion
December 28, 1992
Appeal from the Supreme Court, Nassau County (Burke, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The granting of the defendant's motion would have vitiated the stipulation whereby the plaintiffs extended the defendant's time to serve its answer in exchange for a waiver by the defendant of the defense of lack of personal jurisdiction. Because setting aside the stipulation could have irrevocably upset the status quo, resulting in the dismissal of the complaint, the motion was properly denied (cf., Matter of Frutiger, 29 N.Y.2d 143, 149). Bracken, J.P., Lawrence, Miller, Copertino and Santucci, JJ., concur.