Garafalo v. Mayoka

In an action to recover damages for wrongful death, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Tarantino, Jr., J.), dated June 8, 2015, which denied his motion to vacate a stipulation of discontinuance.

Ordered that the order is reversed, on the law, with one bill of costs payable by the defendants appearing separately and filing separate briefs, and the plaintiff’s motion to vacate the stipulation of discontinuance is granted.

The plaintiff, represented by attorney Edwin T. Mulhern, commenced this wrongful death action as the executor of the estate of his son. By…