Abbott v Lucchetti
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Abbott v Lucchetti
2013 NY Slip Op 06108
Released on September 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 September 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, FAHEY, AND PERADOTTO, JJ.
835 CA 12-02371
[*1]JONATHAN ABBOTT, PLAINTIFF-RESPONDENT,
v
VITO WILLIAM LUCCHETTI, JR., THE MACREPORT.NET, INC., MARCELLUS GROUP, LLC, MARCELLUS GROUP CONSTRUCTION, LLC, JA SPA, LLC, SONO PIZZA & PASTA FACTORY, INC., CROWN MILL RESTORATION DEVELOPMENT, LLC AND MACREPORT.NET MEDIA PUBLISHING, INC., DEFENDANTS-APPELLANTS. (APPEAL NO. 1.)
Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered August 29, 2012. The order, insofar as appealed from, denied in part the motion of defendants to dismiss the amended complaint and denied the motion of defendants for a stay.
CERIO LAW OFFICES, SYRACUSE (DAVID W. HERKALA OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
KENNY & KENNY, PLLC, SYRACUSE (JUSTIN D. HOWLAND OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Released on September 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, FAHEY, AND PERADOTTO, JJ.
835 CA 12-02371
[*1]JONATHAN ABBOTT, PLAINTIFF-RESPONDENT,
v
VITO WILLIAM LUCCHETTI, JR., THE MACREPORT.NET, INC., MARCELLUS GROUP, LLC, MARCELLUS GROUP CONSTRUCTION, LLC, JA SPA, LLC, SONO PIZZA & PASTA FACTORY, INC., CROWN MILL RESTORATION DEVELOPMENT, LLC AND MACREPORT.NET MEDIA PUBLISHING, INC., DEFENDANTS-APPELLANTS. (APPEAL NO. 1.)
Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered August 29, 2012. The order, insofar as appealed from, denied in part the motion of defendants to dismiss the amended complaint and denied the motion of defendants for a stay.
CERIO LAW OFFICES, SYRACUSE (DAVID W. HERKALA OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
KENNY & KENNY, PLLC, SYRACUSE (JUSTIN D. HOWLAND OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Same Memorandum as in Abbott v Lucchetti ([appeal No. 3] ___ AD3d ___ [Sept. 27, 2013]).
Entered: September 27, 2013
Frances E. Cafarell
Clerk of the Court
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