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Magic Circle Music, Ltd. v. Staropoli

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


October 1, 2010

MAGIC CIRCLE MUSIC, LTD., AND JOEY DEMAIO, PLAINTIFFS-RESPONDENTS-APPELLANTS,
v.
ALESSANDRO STAROPOLI AND LUCA TURILLI, INDIVIDUALLY AND AS MEMBERS OF THE MUSICAL GROUP "RHAPSODY OF FIRE," FORMERLY KNOWN AS "RHAPSODY," DEFENDANTS-APPELLANTS-RESPONDENTS.

Appeal and cross appeal from an order of the Supreme Court, Cayuga County (Kenneth R. Fisher, J.), entered July 31, 2009. The order denied the motion of defendants to dismiss the complaint and to vacate the default judgment against defendant Luca Turilli.

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.

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND SCONIERS, JJ.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on May 3 and June 1, 2010,

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

20101001

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