Lapson v. 805 Avenue C Corp.

Appeal by plaintiff from an order denying his motion to amend a discontinuance “ nunc pre *920tune ” so as to provide that the action was settled and discontinued as against defendant 805 Avenue C Corporation only, and that the plaintiff retained the right to continue the action against any other third party responsible to him. Order affirmed, with ten dollars costs and disbursements. There was only one defendant in the action at the time it was settled and the stipulation for discontinuance filed with the clerk. Such filing discontinued the action with the same force as if a formal order had…