SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
April 20, 2012
JEAN I. KNAPP,
RICHARD H. NICHOLS, INDIVIDUALLY AND RICHARD H. NICHOLS, DOING BUSINESS AS NICHOLS
DEFENDANT-APPELLANT-RESPONDENT. (ACTION NO. 1.)
CAROL A. TONZI,
PLAINTIFF-RESPONDENT-APPELLANT, RICHARD H. NICHOLS,
INDIVIDUALLY AND RICHARD H. NICHOLS, DOING BUSINESS AS NICHOLS FINANCIAL SERVICES,
DEFENDANT-APPELLANT-RESPONDENT. (ACTION NO. 2.)
Appeal and cross appeals from an order of the Supreme Court, Wayne County (Thomas M. Van Strydonck, J.), entered August 16, 2011.
Knapp v Nichols
Decided on April 20, 2012
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.
PRESENT: SCUDDER, P.J., SMITH, FAHEY, AND SCONIERS, JJ.
The order granted the motion of defendant for consolidation and denied as untimely the motion of defendant to dismiss the fourth cause of action in action No. 1.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on January 24 and 30, 2012,
It is hereby ORDERED that said cross appeals are unanimously dismissed upon stipulation, and the order is affirmed without costs for reasons stated in the decision at Supreme Court.
Entered: April 20, 2012
Frances E. Cafarell Clerk of the Court
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