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Diamond v. Stone

Supreme Court of New York, Fourth Department

November 8, 2013

FRIEDA DIAMOND AND ALAN DIAMOND, INDIVIDUALLY AND ON BEHALF OF MINOR, JUSTIN DIAMOND, AN INFANT OVER THE AGE OF 14 YEARS, PLAINTIFFS-RESPONDENTS,
v.
CAMERON STONE, JEFFREY G. STONE AND MAURA M. STONE, DEFENDANTS-APPELLANTS. (ACTION NO. 1.) FRIEDA DIAMOND, ET AL., PLAINTIFFS, BRAD WRIGHT AND DEBBIE WRIGHT, DEFENDANTS-RESPONDENTS. (ACTION NO. 2.)

Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered October 12, 2012. The order, inter alia, denied in part the motion of defendants Cameron Stone, Jeffrey G. Stone and Maura M. Stone for summary judgment dismissing the complaint and any cross claims against them.

SUGARMAN LAW FIRM, LLP, SYRACUSE (JENNA W. KLUCSIK OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

LYNN LAW FIRM, LLP, SYRACUSE (PATRICIA A. LYNN-FORD OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE (STEVEN WARD WILLIAMS OF COUNSEL), FOR DEFENDANTS-RESPONDENTS. Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on August 28 and September 19, 2013,

PRESENT: SMITH, J.P., CENTRA, FAHEY, CARNI, AND WHALEN, JJ.

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


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