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RIPEPE v. CROWN EQUIPMENT CORPORATION

300 A.D.2d 647 (2002)

752 N.Y.S.2d 890

ARTHUR RIPEPE et al., Respondents-Appellants, v. CROWN EQUIPMENT CORPORATION et al., Respondents, and MAYBURY CORPORATION, Appellant. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 30, 2002.

Ordered that the appeal by the plaintiffs is dismissed as abandoned (see 22 NYCRR 670.8 [c], [e]); and it is further,

Ordered that the order is affirmed insofar as appealed from by the defendant Maybury Corporation; and it is further,

Ordered that one bill of costs is awarded to the plaintiffs.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in denying the cross motion of the defendant Maybury Corporation...

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