Thirty One Dev., LLC v Cohen

Thirty One Dev., LLC v Cohen 2015 NY Slip Op 00126 Decided on January 2, 2015 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 January 2, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, CARNI, VALENTINO, AND DEJOSEPH, JJ.
1369 CA 14-00461

[*1]THIRTY ONE DEVELOPMENT, LLC, PLAINTIFF-RESPONDENT,

v

JEFFREY COHEN, INDIVIDUALLY, DEFENDANT, THE GILL HOUSE AND CHARTER HOUSE INN, LLC, DEFENDANT-APPELLANT.

Appeal from an order of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered June 4, 2013. The order denied the motion of defendant The Gill House and Charter House Inn, LLC, for, inter alia, a declaration that a purchase and sale contract was null and void and granted the cross motion of plaintiff for summary judgment seeking specific performance.

HANCOCK ESTABROOK, LLP, SYRACUSE (JANET D. CALLAHAN OF COUNSEL), FOR DEFENDANT-APPELLANT.

MCMAHON, KUBLICK & SMITH, P.C., SYRACUSE (JAN S. KUBLICK OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on December 4 and 5, 2014,

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

Entered: January 2, 2015

Frances E. Cafarell

Clerk of the Court