Opinion
May 2, 1983
Appeals from (1) an order of the Supreme Court, Queens County (Giaccio, J.), dated April 6, 1982, which granted the respondents' motion for leave to enter a judgment against appellant in the principal sum of $9,000, pursuant to a stipulation of settlement, and (2) a judgment of the same court dated April 26, 1982, which was entered thereon. Appeal from the order dismissed, without costs or disbursements (see Matter of Aho, 39 N.Y.2d 241, 248). Judgment reversed, on the law, without costs or disbursements, and respondents' motion denied, without prejudice to the institution of a plenary action, if respondents be so advised. A motion must be addressed to a pending action ( Adams v George I. Cantrello, Inc., 29 A.D.2d 559). The actions commenced by the respondents were terminated by a stipulation of discontinuance, dated February 26, 1981. Consequently, their sole remedy is to bring a plenary action to enforce the terms of the stipulation settling said actions (see Teitelbaum Holdings v Gold, 48 N.Y.2d 51; Yonkers Fur Dressing Co. v Royal Ins. Co., 247 N.Y. 435; Sanchez v Brendza, 62 A.D.2d 953; American Progressive Health Ins. Co. of N Y v Chartier, 6 A.D.2d 579; 2A Weinstein-Korn-Miller, N Y Civ Prac, par 2104:06). Bracken, J.P., Brown, Rubin and Boyers, JJ., concur.