Diamond v Stone
2013 NY Slip Op 07386 [111 AD3d 1364]
November 8, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 25, 2013


Frieda Diamond et al., Individually and on Behalf of Justin Diamond, an Infant, Respondents,
v
Cameron Stone et al., Appellants. (Action No. 1.) Frieda Diamond et al., Plaintiffs, v Brad Wright et al., Respondents. (Action No. 2.)

—[*1] Sugarman Law Firm, LLP, Syracuse (Jenna W. Klucsik of counsel), for defendants-appellants.

Lynn Law Firm, LLP, Syracuse (Patricia A. Lynn-ford of counsel), for plaintiffs-respondents.

Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Steven Ward Williams of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered October 12, 2012. The order, inter alia, denied in part the motion of defendants Cameron Stone, Jeffrey G. Stone and Maura M. Stone for summary judgment dismissing the complaint and any cross claims against them.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on August 28 and September 19, 2013,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Centra, Fahey, Carni and Whalen, JJ.