De Fazio v Brian A. Gaetano Co.

2003 NY Slip Op 18667 [1 AD3d 1062]

Decided on November 21, 2003

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.

Decided on November 21, 2003

SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: GREEN, J.P., WISNER, HURLBUTT, KEHOE, AND HAYES, JJ.

1310 CA 03-00856

[*1]ROSEMARY T. DE FAZIO AND PHILIP J. DE FAZIO, PLAINTIFFS-RESPONDENTS, ORDER

v

THE BRIAN A. GAETANO COMPANY, INC., LOMOND PLACE, L.L.C., W.C.B. ASSOCIATES, DEFENDANTS-RESPONDENTS, AND D.R. O'NEILL ENTERPRISES, INC., DOING BUSINESS AS GREENSCAPES LANDSCAPE CO., INC., DEFENDANT-APPELLANT.

Appeal from an order of Supreme Court, Oneida County (Shaheen, J.), entered November 20, 2002, which denied the motion of defendant D.R. O'Neill Enterprises, Inc., doing business as Greenscapes Landscape Co., Inc. for summary judgment dismissing the complaint and cross claims against it.


ROE, SHANTZ AND IACONO, LIVERPOOL (FREDERICK SHANTZ OF COUNSEL), FOR DEFENDANT-APPELLANT.
BRINDISI, MURAD & BRINDISI-PEARLMAN, LLP, UTICA (EVA BRINDISI-PEARLMAN OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
LAW OFFICES OF LAURIE G. OGDEN, SYRACUSE (MARTHA L. BERRY OF COUNSEL), FOR DEFENDANTS-RESPONDENTS. Now, upon reading and filing the stipulation discontinuing action signed by the attorneys for the parties on August 21, September 9 and 12, 2003,


It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: November 21, 2003JoAnn M. Wahl
Clerk of the Court