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Trost v. Rockingham Estates, LLC

Supreme Court of New York, Fourth Department

March 21, 2014

CARL TROST AND JENNIFER TROST, PLAINTIFFS-RESPONDENTS,
v.
ROCKINGHAM ESTATES, LLC AND FORBES HOMES, INC., DEFENDANTS-APPELLANTS.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered April 17, 2013 in a personal injury action. The order granted the motion of plaintiffs for partial summary judgment pursuant to Labor Law § 240 (1) and denied the cross motion of defendants for summary judgment.

BROWN & KELLY, LLP, BUFFALO (KATHLEEN T. FEROLETO OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

DEMPSEY & DEMPSEY, BUFFALO (EMILY G. CATALANO OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND SCONIERS, JJ.

Now, upon reading and filing the stipulation to withdraw appeal signed by the attorneys for the ...


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