Germanovich v. Bethlehem Steel Corp.

Appellate Division of the Supreme Court of New York

Germanovich v. Bethlehem Steel Corp.

270 A.D.2d 863, 705 N.Y.S.2d 910

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 29, 2000

DocketAppeal No. 1

StatusPublished

Cited by3 cases

This text of 270 A.D.2d 863 (Germanovich v. Bethlehem Steel Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Germanovich v. Bethlehem Steel Corp., 270 A.D.2d 863, 705 N.Y.S.2d 910 (N.Y. Ct. App. 2000).

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Opinion

—Judgment unanimously reversed on the law without costs and application dismissed. Memorandum: Supreme Court erred in granting the application of third-party plaintiffs for judgment against third-party defendant for attorneys’ fees, costs and disbursements incurred in the defense of the primary action. Third-party plaintiffs brought their application after the primary action was settled and an unconditional stipulation of settlement signed by the parties was filed. Although a trial court has the power “to exercise supervisory control over all phases of pending actions and proceedings” (Teitelbaum Holdings v Gold, 48 NY2d 51, 54), it lacks jurisdiction to entertain a motion after the action has been “unequivocally terminated * * * [by the execution of] an express, unconditional stipulation of discontinuance” (Teitelbaum Holdings v Gold, supra, at 56; see, Kurtz v Kurtz, 135 AD2d 615; Matter of Town of Johnstown v City of Gloversville, 36 AD2d 143, 145, lv dismissed 29 NY2d 639). (Appeal from Judgment of Supreme Court, Erie County, Notaro, J. — Counsel Fees.) Present — Pigott, Jr., P. J., Wisner, Scudder and Lawton, JJ.

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—Judgment unanimously reversed on the law without costs and application dismissed. Memorandum: Supreme Court erred in granting the application of third-party plaintiffs for judgment against third-party defendant for attorneys’ fees, costs and disbursements incurred in the defense of the primary action. Third-party plaintiffs brought their application after the primary action was settled and an unconditional stipulation of settlement signed by the parties was filed. Although a trial court has the power “to exercise supervisory control over all phases of pending actions and proceedings” (Teitelbaum Holdings v Gold, 48 NY2d 51, 54), it lacks jurisdiction to entertain a motion after the action has been “unequivocally terminated * * * [by the execution of] an express, unconditional stipulation of discontinuance” (Teitelbaum Holdings v Gold, supra, at 56; see, Kurtz v Kurtz, 135 AD2d 615; Matter of Town of Johnstown v City of Gloversville, 36 AD2d 143, 145, lv dismissed 29 NY2d 639). (Appeal from Judgment of Supreme Court, Erie County, Notaro, J. — Counsel Fees.) Present — Pigott, Jr., P. J., Wisner, Scudder and Lawton, JJ.

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Bluebook (online)

270 A.D.2d 863, 705 N.Y.S.2d 910, Counsel Stack Legal Research, https://law.counselstack.com/opinion/germanovich-v-bethlehem-steel-corp-nyappdiv-2000.

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