J&S Conveyers Realty, LLC v Greenbaum
2012 NY Slip Op 01049 [92 AD3d 1261]
February 10, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 28, 2012


J&S Conveyers Realty, LLC, Respondent,
v
Robert F. Greenbaum et al., Defendants, and Poinkers, Inc., as Successor in Interest to Custom Air Design, Inc., Appellant.

—[*1] Underberg & Kessler LLP, Rochester (William E. Brueckner of counsel), for defendant-appellant.

Hiscock & Barclay LLP, Rochester (James S. Grossman of counsel), for plaintiff-respondent.

Appeal from a judgment of the Supreme Court, Ontario County (John J. Ark, J.), entered August 6, 2010. The judgment awarded plaintiff the sum of $140,144.80 against defendant Poinkers, Inc., as successor in interest to Custom Air Design, Inc.

Now, upon reading and filing the stipulation of dismissal signed by the attorneys for the parties on January 18 and 20, 2012, it is hereby ordered that said appeal is dismissed without costs upon stipulation.

All concur except Green, J., who is not participating. Present—Smith, J.P., Peradotto, Lindley, Green and Martoche, JJ.