Clark v Gotthart
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Clark v Gotthart
2013 NY Slip Op 07370
Released on November 8, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Released on November 8, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., FAHEY, CARNI, SCONIERS, AND VALENTINO, JJ.
1143 CA 13-00734
[*1]SAMANTHA CLARK, AS PARENT AND NATURAL GUARDIAN OF JOSEPH RAY, AN INFANT, PLAINTIFF-RESPONDENT-APPELLANT,
v
JOSHUA GOTTHART, ET AL., DEFENDANTS, AND LYNDA GOTTHART, DEFENDANT-APPELLANT-RESPONDENT.
Appeal and cross appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered October 3, 2012. The order denied the motion of defendant Lynda Gotthart for summary judgment dismissing the complaint and all cross claims against her and denied the cross motion of plaintiff for summary judgment on the complaint.
LAW OFFICE OF DESTIN C. SANTACROSE, BUFFALO (CHRISTOPHER R. TURNER OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.
LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO (JOHN A. COLLINS OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT. Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on September 24, 2013,
It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.
Entered: November 8, 2013
Frances E. Cafarell
Clerk of the Court
Released on November 8, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., FAHEY, CARNI, SCONIERS, AND VALENTINO, JJ.
1143 CA 13-00734
[*1]SAMANTHA CLARK, AS PARENT AND NATURAL GUARDIAN OF JOSEPH RAY, AN INFANT, PLAINTIFF-RESPONDENT-APPELLANT,
v
JOSHUA GOTTHART, ET AL., DEFENDANTS, AND LYNDA GOTTHART, DEFENDANT-APPELLANT-RESPONDENT.
Appeal and cross appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered October 3, 2012. The order denied the motion of defendant Lynda Gotthart for summary judgment dismissing the complaint and all cross claims against her and denied the cross motion of plaintiff for summary judgment on the complaint.
LAW OFFICE OF DESTIN C. SANTACROSE, BUFFALO (CHRISTOPHER R. TURNER OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.
LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO (JOHN A. COLLINS OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT. Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on September 24, 2013,
It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.
Entered: November 8, 2013
Frances E. Cafarell
Clerk of the Court
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