Barber v Acco Brands Corp.

Barber v Acco Brands Corp. 2014 NY Slip Op 06716 Decided on October 3, 2014 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 3, 2014 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., CENTRA, CARNI, LINDLEY, AND WHALEN, JJ.
944 CA 14-00391

[*1]RICHARD W. BARBER, AS EXECUTOR OF THE ESTATE OF RICHARD A. BARBER, DECEASED, PLAINTIFF-RESPONDENT,

v

ACCO BRANDS CORPORATION, ET AL., DEFENDANTS, AND G.H. MINER CO., INC., DEFENDANT-APPELLANT.

Appeal from an order of the Supreme Court, Onondaga County (Charles C. Merrell, J.), entered January 14, 2014. The order denied the motion of defendant G.H. Miner Co., Inc. for summary judgment dismissing all causes of action against it.

WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP, NEW YORK CITY (JUDY C. SELMECI OF COUNSEL), FOR DEFENDANT-APPELLANT.

BELLUCK & FOX, LLP, NEW YORK CITY (SETH A. DYMOND OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on July 17, 2014,

It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.

Entered: October 3, 2014

Frances E. Cafarell

Clerk of the Court