78 79 YORK ASSOCIATES LLC v. RADETSKY (2022)

Order (Sabrina B. Kraus, J.), entered on or about June 29, 2021, affirmed, with $10 costs.

Civil Court correctly determined that the parties intended that the underlying August 2010 judgment be vacated when they subsequently entered into the October 2010 stipulation of discontinuance. When a matter is discontinued, it is as if the proceeding has never begun. Everything done in the case, including prior orders or judgments, is annulled (see Matter of HSBC Bank USA, NA [Makowski], 72 AD3d 1515 [2010]; Newman v Newman, 245 AD2d 353 [1997]). Since the August 2010 judgment was a nullity, the court properly lifted all liens, executions and restraints issued upon respondent pursuant to that judgment. Petitioner's remedy, which was clearly anticipated by its reservation of rights in the stipulation, was to commence a plenary action for the disputed arrears.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur