Magic Circle Music, Ltd. v Staropoli

Magic Circle Music, Ltd. v Staropoli 2010 NY Slip Op 06984 [77 AD3d 1425] October 1, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 15, 2010

Magic Circle Music, Ltd., et al., Respondents-Appellants, v Alessandro Staropoli et al., Individually and as Member of the Musical Group Rhapsody of Fire, Formerly Known as Rhapsody, Appellants-Respondents.

—[*1] Bond, Schoeneck & King, PLLC, Syracuse (John G. McGowan of counsel), for defendants-appellants-respondents.

David B. Thurston, Auburn, for plaintiffs-respondents-appellants.

Appeal and cross appeal from an order of the Supreme Court, Cayuga County (Kenneth R. Fisher, J.), entered July 31, 2009. The order denied the motion of defendants to dismiss the complaint and to vacate the default judgment against defendant Luca Turilli.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on May 3 and June 1, 2010,

It is hereby ordered that said appeal and cross appeal are unanimously dismissed without costs upon stipulation. Present—Centra, J.P., Peradotto, Carni, Lindley and Sconiers, JJ.