Allen v Danks

2003 NY Slip Op 18764 [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: PINE, J.P., WISNER, HURLBUTT, GORSKI, AND LAWTON, JJ.

1423 CA 03-00763

[*1]BRUCE R. ALLEN AND B.R. ALLEN AGENCY, INC., PLAINTIFFS-RESPONDENTS, ORDER

v

BARBARA A. DANKS, DANKS ENTERPRISES, INC., DEFENDANTS-APPELLANTS, ET AL., DEFENDANT.

Appeal from that part of an order of Supreme Court, Ontario County (Doran, J.), entered January 17, 2003, that denied that part of the motion of defendants Barbara A. Danks and Danks Enterprises, Inc. to dismiss the second, sixth and seventh causes of action against them.


HARRIS, CHESWORTH & O'BRIEN, ROCHESTER (MICHAEL P. LEONE OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
STEPHEN D. ARONSON, CANANDAIGUA, FOR PLAINTIFFS-RESPONDENTS.
Now, upon reading and filing the stipulation discontinuing the action signed by the attorneys for the parties on November 11 and 13, 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