Phillips v Brock, Schechter & Polakoff, LLP

Phillips v Brock, Schechter & Polakoff, LLP 2015 NY Slip Op 08246 Decided on November 13, 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 November 13, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, VALENTINO, AND DEJOSEPH, JJ.
729 CA 13-02144

[*1]STEVEN M. PHILLIPS, AS EXECUTOR OF THE ESTATE OF BRIAN J. PHILLIPS, DECEASED, AND AS SUCCESSOR ADMINISTRATOR C.T.A. OF THE ESTATE OF WILLIAM G. PHILLIPS, DECEASED, PLAINTIFF-RESPONDENT,

v

BROCK, SCHECHTER & POLAKOFF, LLP, LAWRENCE LEVIN, C.P.A., AND FRANK A. KACZMARCZYK, C.P.A., DEFENDANTS-APPELLANTS. ———————————————————————— BROCK, SCHECHTER & POLAKOFF, LLP, LAWRENCE LEVIN, C.P.A. AND FRANK A. KACZMARCZYK, C.P.A., THIRD-PARTY PLAINTIFFS, LAW OFFICES OF EUGENE C. TENNEY, THIRD-PARTY DEFENDANT.

GOLDBERG SEGALLA LLP, BUFFALO (BRIAN R. BIGGIE OF COUNSEL), FOR DEFENDANTS-APPELLANTS AND THIRD-PARTY PLAINTIFFS.

GELBER & O'CONNELL, LLC, AMHERST (HERSCHEL GELBER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

HISCOCK & BARCLAY, BUFFALO (DAVID M. HEHR OF COUNSEL), FOR THIRD-PARTY DEFENDANT.

Appeal from an order of the Supreme Court, Erie County (Tracey A. Bannister, J.), entered September 13, 2013. The order denied the motion of defendants-third-party plaintiffs to compel the further deposition of an employee of third-party defendant.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on May 20, 29 and June 10, 2015,

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

Entered: November 13, 2015

Frances E. Cafarell

Clerk of the Court