Calaci v Allied Interstate, Inc.
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Calaci v Allied Interstate, Inc.
2013 NY Slip Op 05164
Released on July 5, 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 July 5, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., CENTRA, FAHEY, CARNI, AND LINDLEY, JJ.
749 CA 12-01683
[*1]APRYL CALACI, PLAINTIFF-RESPONDENT,
v
ALLIED INTERSTATE, INC., ALLIED INTERSTATE, LLC AND IQOR US INC., DEFENDANTS-APPELLANTS. (APPEAL NO. 1.)
Appeal from an order of the Supreme Court, Monroe County (Thomas M. Van Strydonck, J.), entered May 26, 2012. The order, among other things, granted the motion of plaintiff for judgment on liability based on defendants' default and for an inquest on damages, and denied the amended motion of defendants to dismiss the complaint and compel arbitration.
REED SMITH LLP, NEW YORK CITY (CASEY D. LAFFEY OF COUNSEL), AND UNDERBERG & KESSLER LLP, BUFFALO, FOR DEFENDANTS-APPELLANTS.
LAW OFFICES OF KENNETH HILLER, PLLC, AMHERST (KENNETH R. HILLER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Released on July 5, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., CENTRA, FAHEY, CARNI, AND LINDLEY, JJ.
749 CA 12-01683
[*1]APRYL CALACI, PLAINTIFF-RESPONDENT,
v
ALLIED INTERSTATE, INC., ALLIED INTERSTATE, LLC AND IQOR US INC., DEFENDANTS-APPELLANTS. (APPEAL NO. 1.)
Appeal from an order of the Supreme Court, Monroe County (Thomas M. Van Strydonck, J.), entered May 26, 2012. The order, among other things, granted the motion of plaintiff for judgment on liability based on defendants' default and for an inquest on damages, and denied the amended motion of defendants to dismiss the complaint and compel arbitration.
REED SMITH LLP, NEW YORK CITY (CASEY D. LAFFEY OF COUNSEL), AND UNDERBERG & KESSLER LLP, BUFFALO, FOR DEFENDANTS-APPELLANTS.
LAW OFFICES OF KENNETH HILLER, PLLC, AMHERST (KENNETH R. HILLER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Same Memorandum as in Calaci v Allied Interstate, Inc. ([appeal No. 2] ___ AD3d ___ [July 5, 2013]).
Entered: July 5, 2013
Frances E. Cafarell
Clerk of the Court
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