Matthews v. Castro
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*404In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Hinds-Radix, J.), dated September 21, 2005, which denied his motion to vacate a stipulation of discontinuance dated December 26, 2003, and, inter alia, restore the action to the trial calendar with respect to the defendants third-party plaintiffs, and granted the defendants third-party plaintiffs’ cross motion pursuant to CPLR 3211 to dismiss the complaint.
Ordered that the order is affirmed, with costs payable to the defendants third-party plaintiffs-respondents.
“Stipu…
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