Klimasewski v County of Monroe
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Klimasewski v County of Monroe
2013 NY Slip Op 08782
Released on December 27, 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 December 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND VALENTINO, JJ.
1398 CA 13-01062
[*1]JILL D. KLIMASEWSKI, PLAINTIFF-APPELLANT-RESPONDENT,
v
COUNTY OF MONROE, DEFENDANT-RESPONDENT-APPELLANT.
Appeal and cross appeal from an order of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered April 19, 2013. The order denied the motion of defendant to bifurcate the trial, granted those parts of the cross motion of plaintiff for partial summary judgment with respect to the issue of serious injury and defendant's third and fifth affirmative defenses, and otherwise denied the cross motion.
FARACI LANGE, LLP, ROCHESTER (STEPHEN G. SCHWARZ OF COUNSEL), FOR PLAINTIFF-APPELLANT-RESPONDENT.
MERIDETH H. SMITH, COUNTY ATTORNEY, ROCHESTER (MICHELE ROMANCE CRAIN OF COUNSEL), FOR DEFENDANT-RESPONDENT-APPELLANT. Now, upon the stipulation discontinuing action signed by the attorneys for the parties on October 8 and 10, 2013, and filed in the Monroe County Clerk's Office on October 11, 2013,
It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.
Entered: December 27, 2013
Frances E. Cafarell
Clerk of the Court
Released on December 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND VALENTINO, JJ.
1398 CA 13-01062
[*1]JILL D. KLIMASEWSKI, PLAINTIFF-APPELLANT-RESPONDENT,
v
COUNTY OF MONROE, DEFENDANT-RESPONDENT-APPELLANT.
Appeal and cross appeal from an order of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered April 19, 2013. The order denied the motion of defendant to bifurcate the trial, granted those parts of the cross motion of plaintiff for partial summary judgment with respect to the issue of serious injury and defendant's third and fifth affirmative defenses, and otherwise denied the cross motion.
FARACI LANGE, LLP, ROCHESTER (STEPHEN G. SCHWARZ OF COUNSEL), FOR PLAINTIFF-APPELLANT-RESPONDENT.
MERIDETH H. SMITH, COUNTY ATTORNEY, ROCHESTER (MICHELE ROMANCE CRAIN OF COUNSEL), FOR DEFENDANT-RESPONDENT-APPELLANT. Now, upon the stipulation discontinuing action signed by the attorneys for the parties on October 8 and 10, 2013, and filed in the Monroe County Clerk's Office on October 11, 2013,
It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.
Entered: December 27, 2013
Frances E. Cafarell
Clerk of the Court
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