Donohue v Bernstein

Donohue v Bernstein 2016 NY Slip Op 07512 Decided on November 10, 2016 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, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., CENTRA, CARNI, CURRAN, AND TROUTMAN, JJ.
947 CA 15-01524

[*1]KERRY A. DONOHUE, FORMERLY KNOWN AS KERRY A. IVES, PLAINTIFF-RESPONDENT,

v

AMY BERNSTEIN, DEFENDANT, AND RICHARD BERNSTEIN, DEFENDANT-APPELLANT. —————————————————————- AMY BERNSTEIN, THIRD-PARTY PLAINTIFF, DAVID J. BECKER, MALACHI DONOHUE AND CHARLES BAKER, THIRD-PARTY DEFENDANTS. —————————————————————- RICHARD BERNSTEIN, THIRD-PARTY PLAINTIFF, DAVID J. BECKER, MALACHI DONOHUE AND CHARLES BAKER, THIRD-PARTY DEFENDANTS. (APPEAL NO. 1.)

RUPP BAASE PFALZGRAF & CUNNINGHAM LLC, BUFFALO (JOSHUA P. RUBIN OF COUNSEL), FOR DEFENDANT-APPELLANT.

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO (RICHARD P. WEISBECK, JR., OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Cattaraugus County (Michael L. Nenno, A.J.), entered December 2, 2014. The order, among other things, granted plaintiff's motion for leave to reargue and, upon reargument, denied the motion of defendant Richard Bernstein for summary judgment dismissing the amended complaint against him.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on August 26, 2016, and filed in the Cattaraugus County Clerk's Office on September 29, 2016,

It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.

Entered: November 10, 2016

Frances E. Cafarell

Clerk of the Court