Paladino v Bernardini

Paladino v Bernardini 2015 NY Slip Op 05070 Decided on June 12, 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 June 12, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., VALENTINO, WHALEN, AND DEJOSEPH, JJ.
1414/14 CA 14-00905

[*1]TESHA PALADINO, PLAINTIFF-RESPONDENT,

v

AMANDA BERNARDINI, MOLLY MCCLATCHEY, PATRICIA MCCLATCHEY, DAVID MCCLATCHEY, DEFENDANTS-RESPONDENTS, FLORENCE GIORDANO AND LIZA MARLETTE, DEFENDANTS-APPELLANTS.

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered August 27, 2013. The order, insofar as appealed from, denied in part the motion of defendants Florence Giordano and Liza Marlette for summary judgment.

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO (AMANDA L. MACHACEK OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

JASON C. LUNA, PLLC, HAMBURG (JASON C. LUNA OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

GIBSON, MCASKILL & CROSBY, LLP, BUFFALO (ROBERT E. SCOTT OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 24, 2015,

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

Entered: June 12, 2015

Frances E. Cafarell

Clerk of the Court