CIT Group/Equipment Financing, Inc. v Beat Publications, Inc.

Cit Group/equipment Fin., Inc. v Beat Publs., Inc. 2005 NY Slip Op 08576 [23 AD3d 1160] Decided on November 10, 2005 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 10, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: GREEN, J.P., SCUDDER, KEHOE, MARTOCHE, AND HAYES, JJ.
1401 CA 04-02708

[*1]CIT GROUP/EQUIPMENT FINANCING, INC., PLAINTIFF-RESPONDENT, ORDER

v

BEAT PUBLICATIONS, INC., DEFENDANT, MARK E. MAUSSNER AND RICHARD A. MAUSSNER, DEFENDANTS-APPELLANTS.


Appeals from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered January 7, 2004. The order granted plaintiff's motion for partial summary judgment on liability against defendants Mark E. Maussner and Richard A. Maussner.


SIEGEL, KELLEHER & KAHN, BUFFALO (PAUL A. CHIARAVALLOTI OF COUNSEL), FOR DEFENDANT-APPELLANT MARK E. MAUSSNER.
MARCUS ANDREOZZI & FICKESS, LLP, WILLIAMSVILLE (DAVID P. MARCUS OF COUNSEL), FOR DEFENDANT-APPELLANT RICHARD A. MAUSSNER.
HELFAND & HELFAND, NEW YORK (ROBERT H. BROWN OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Now, upon the stipulation of settlement signed by the attorneys for the parties and filed in the Erie County Clerk's Office on October 25, 2005,


It is hereby ORDERED that said appeals be and the same hereby are unanimously dismissed without costs upon stipulation.
Entered: November 10, 2005
JoAnn M. Wahl
Clerk of the Court