Gonzalez v. United Parcel Service

—Judgment, Supreme Court, New York County (Robert Lippmann, J.), entered June 9, 1999, which, upon a jury verdict in defendant’s favor, dismissed plaintiff’s complaint, unanimously affirmed, without costs.

The third-party action commenced by defendant against plaintiffs employer was properly discontinued pursuant to stipulation of the parties thereto. Plaintiffs consent to the discontinuance was not required since plaintiff was neither a party to the third-party action nor interested in its subject *130matter (see, Hoag v Chase Pitkin Home & Garden Ctr., 252 AD2d 953). Moreover, contrary to…