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Tonya Tiede v. Frontier Skydivers

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


April 26, 2013

TONYA TIEDE,
PLAINTIFF-RESPONDENT-APPELLANT,
v.
FRONTIER SKYDIVERS, INC., HOLLANDS INTERNATIONAL FIELD AIRPORT,
AL HOLLANDS, DAYSTAR TRADING & VENTURES, LLC, PAUL GATH,
DEFENDANTS-APPELLANTS-RESPONDENTS, ET AL., DEFENDANTS. (APPEAL NO. 1.)

Appeals and cross appeal from an order of the Supreme Court, Erie County (John L. Michalski, A.J.), entered January 5, 2012.

Tiede v Frontier Skydivers, Inc.

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.

Released on April 26, 2013

PRESENT: SMITH, J.P., PERADOTTO, CARNI, VALENTINO, AND MARTOCHE, JJ.

The order dismissed plaintiff's cause of action for gross negligence and otherwise denied the motions of defendants to dismiss the amended complaint.

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

Same Memorandum as in Tiede v Frontier Skydivers, Inc. ([appeal No. 2] ___ AD3d ___ [Apr. 26, 2013]). Entered: April 26, 2013 Frances E. Cafarell Clerk of the Court

20130426

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