Diamond v Stone

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Diamond v Stone 2013 NY Slip Op 07386 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: SMITH, J.P., CENTRA, FAHEY, CARNI, AND WHALEN, JJ.
1190 CA 13-00578

[*1]FRIEDA DIAMOND AND ALAN DIAMOND, INDIVIDUALLY AND ON BEHALF OF MINOR, JUSTIN DIAMOND, AN INFANT OVER THE AGE OF 14 YEARS, PLAINTIFFS-RESPONDENTS,

v

CAMERON STONE, JEFFREY G. STONE AND MAURA M. STONE, DEFENDANTS-APPELLANTS. (ACTION NO. 1.) - FRIEDA DIAMOND, ET AL., PLAINTIFFS, BRAD WRIGHT AND DEBBIE WRIGHT, DEFENDANTS-RESPONDENTS. (ACTION NO. 2.)


Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered October 12, 2012. The order, inter alia, denied in part the motion of defendants Cameron Stone, Jeffrey G. Stone and Maura M. Stone for summary judgment dismissing the complaint and any cross claims against them.


SUGARMAN LAW FIRM, LLP, SYRACUSE (JENNA W. KLUCSIK OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
LYNN LAW FIRM, LLP, SYRACUSE (PATRICIA A. LYNN-FORD OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE (STEVEN WARD WILLIAMS OF COUNSEL), FOR DEFENDANTS-RESPONDENTS. Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on August 28 and September 19, 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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