Cirifalco v U.S.I. Bldg. Servs., Inc.
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Cirifalco v U.S.I. Bldg. Servs., Inc.
2013 NY Slip Op 06114
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, CENTRA, FAHEY, AND PERADOTTO, JJ.
843 CA 13-00299
[*1]JUDITH CIRIFALCO AND SALVATORE A. CIRIFALCO, PLAINTIFFS-RESPONDENTS,
v
U.S.I. BUILDING SERVICES, INC., DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered May 9, 2012. The order denied the motion of defendant for summary judgment.
DAMON MOREY LLP, BUFFALO (MICHAEL L. AMODEO OF COUNSEL), FOR DEFENDANT-APPELLANT.
DAVID P. FELDMAN, BUFFALO, FOR PLAINTIFFS-RESPONDENTS.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on August 12, 2013, and filed in the Niagara County Clerk's Office on August 22, 2013,
It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.
Entered: September 27, 2013
Frances E. Cafarell
Clerk of the Court
Released on September 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
843 CA 13-00299
[*1]JUDITH CIRIFALCO AND SALVATORE A. CIRIFALCO, PLAINTIFFS-RESPONDENTS,
v
U.S.I. BUILDING SERVICES, INC., DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered May 9, 2012. The order denied the motion of defendant for summary judgment.
DAMON MOREY LLP, BUFFALO (MICHAEL L. AMODEO OF COUNSEL), FOR DEFENDANT-APPELLANT.
DAVID P. FELDMAN, BUFFALO, FOR PLAINTIFFS-RESPONDENTS.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on August 12, 2013, and filed in the Niagara County Clerk's Office on August 22, 2013,
It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.
Entered: September 27, 2013
Frances E. Cafarell
Clerk of the Court
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