Squicciarini v. Perinton Hills, LLC , 2020 NY Slip Op 07827 ( 2020 )

Squicciarini v Perinton Hills, LLC (2020 NY Slip Op 07827)

Squicciarini v Perinton Hills, LLC

2020 NY Slip Op 07827

Decided on December 23, 2020

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 December 23, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., LINDLEY, NEMOYER, TROUTMAN, AND BANNISTER, JJ.

1238 CA 20-00336

[*1]FREDERICK SQUICCIARINI, AS ADMINISTRATOR OF THE ESTATE OF STEPHANIE A. SQUICCIARINI, DECEASED, AND FREDERICK SQUICCIARINI, INDIVIDUALLY, PLAINTIFF-RESPONDENT,

v

PERINTON HILLS, LLC, DEFENDANT-RESPONDENT, AND DDS CONTRACTORS, LLC, DEFENDANT-APPELLANT.

VAHEY GETZ LLP, ROCHESTER (LAURIE A. VAHEY OF COUNSEL), FOR DEFENDANT-APPELLANT.

LACY KATZEN, LLP, ROCHESTER (JACQUELINE M. THOMAS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

SUGARMAN LAW FIRM, LLP, BUFFALO (MARINA MURRAY OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an amended order of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered December 9, 2019. The amended order, insofar as appealed from, denied in part the cross motion of defendant DDS Contractors, LLC, to compel certain discovery from defendant Perinton Hills, LLC.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on July 30, August 13, and September 16, 2020,

It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.

Entered: December 23, 2020

Mark W. Bennett

Clerk of the Court