Gomez-Brock v Kubiak

Gomez-Brock v Kubiak 2015 NY Slip Op 00140 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: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND SCONIERS, JJ.
1389 CA 14-00539

[*1]ALEXANDRA GOMEZ-BROCK, PLAINTIFF-RESPONDENT,

v

STEVEN KUBIAK AND RACHEL M. KUBIAK, DEFENDANTS-APPELLANTS.

Appeal from an order of the Supreme Court, Erie County (John L. Michalski, A.J.), entered December 13, 2013. The order, among other things, granted in part plaintiff's motion to set aside the jury verdict.

RUPP BAASE PFALZGRAF CUNNINGHAM & COPPOLA LLC, BUFFALO (JOHN R. CONDREN OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

GROSS SHUMAN BRIZDLE & GILFILLAN, P.C., BUFFALO (SARAH P. RERA OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 22, 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