Greenert v Sales Assoc. of WNY, LLC
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Greenert v Sales Assoc. of WNY, LLC
2013 NY Slip Op 07281
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., PERADOTTO, CARNI, VALENTINO, AND MARTOCHE, JJ.
218 CA 12-00966
[*1]TODD R. GREENERT, PLAINTIFF-RESPONDENT,
v
SALES ASSOCIATES OF WNY, LLC, THE BARDEN & ROBESON CORP., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 2.)
Appeals from an order of the Supreme Court, Erie County (John F. O'Donnell, J.), entered February 16, 2012. The order granted plaintiff's motion for partial summary judgment on the issue of liability against defendants Sales Associates of WNY, LLC and The Barden & Robeson Corp.
KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO (MELISSA A. FOTI OF COUNSEL), FOR DEFENDANT-APPELLANT THE BARDEN & ROBESON CORP.
AUGELLO & MATTELIANO, LLP, BUFFALO (JOSEPH A. MATTELIANO OF COUNSEL), FOR DEFENDANT-APPELLANT SALES ASSOCIATES OF WNY, LLC.
CHIACCHIA & FLEMING, LLP, HAMBURG (DANIEL J. CHIACCHIA OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on October 16, 2013,
It is hereby ORDERED that said appeals are unanimously dismissed without costs upon stipulation.
Released on November 8, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, CARNI, VALENTINO, AND MARTOCHE, JJ.
218 CA 12-00966
[*1]TODD R. GREENERT, PLAINTIFF-RESPONDENT,
v
SALES ASSOCIATES OF WNY, LLC, THE BARDEN & ROBESON CORP., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 2.)
Appeals from an order of the Supreme Court, Erie County (John F. O'Donnell, J.), entered February 16, 2012. The order granted plaintiff's motion for partial summary judgment on the issue of liability against defendants Sales Associates of WNY, LLC and The Barden & Robeson Corp.
KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO (MELISSA A. FOTI OF COUNSEL), FOR DEFENDANT-APPELLANT THE BARDEN & ROBESON CORP.
AUGELLO & MATTELIANO, LLP, BUFFALO (JOSEPH A. MATTELIANO OF COUNSEL), FOR DEFENDANT-APPELLANT SALES ASSOCIATES OF WNY, LLC.
CHIACCHIA & FLEMING, LLP, HAMBURG (DANIEL J. CHIACCHIA OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on October 16, 2013,
It is hereby ORDERED that said appeals are unanimously dismissed without costs upon stipulation.
All concur except Martoche, J., who is not participating.
Entered: November 8, 2013
Frances E. Cafarell
Clerk of the Court
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