Pino v Harnischfeger
2007 NY Slip Op 06084 [42 AD3d 985]
July 18, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 12, 2007


Filippo Pino et al., Respondents, v Kurt Harnischfeger, Also Known as Kurt H. Harnischfeger, Individually and Doing Business as Jacobson Development, Also Known as Jacobsen Development, Defendant, and DDS Engineers, LLP, Appellant. (Appeal No. 4.)

—[*1] Fix Spindelman Brovitz & Goldman, P.C., Fairport (Russell E. Maines of counsel), for defendant-appellant.

Williams & Williams, Rochester (Mitchell T. Williams of counsel), for plaintiffs-respondents.

Appeal from a decision (denominated decision and order) of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered August 2, 2006. The decision, among other things, stated that plaintiffs and defendant DDS Engineers, LLP were to settle the order in accordance with the decision.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.

Same memorandum as in Pino v Harnischfeger (42 AD3d 980 [2007]). Present—Gorski, J.P., Smith, Centra, Lunn and Fahey, JJ.