| Basset v Bsb Bank & Trust Co. |
| 2005 NY Slip Op 04724 [19 AD3d 1183] |
| Decided on June 10, 2005 |
| 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 June 10, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GREEN, KEHOE, MARTOCHE, AND HAYES, JJ.
568 CA 04-01317
[*1]PATRICK J. BASSET, JR., PLAINTIFF-RESPONDENT, ORDER
v
BSB BANK & TRUST COMPANY, DEFENDANT-APPELLANT. (APPEAL NO. 1.)
Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered May 5, 2004. The order granted plaintiff's motion for partial summary judgment on the first and third causes of action, granted judgment in favor of plaintiff in the amount of $762,609.69 and denied defendant's cross motion for summary judgment dismissing the complaint.
MENTER, RUDIN & TRIVELPIECE, P.C., SYRACUSE (JULIAN B. MODESTI OF COUNSEL), FOR DEFENDANT-APPELLANT.
WOODS OVIATT GILMAN LLP, ROCHESTER (ROBERT D. HOOKS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Now, upon reading and filing the stipulation to dismiss appeals signed by the attorneys for the parties on April 28, 2005,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: June 10, 2005
JoAnn M. Wahl
Clerk of the Court