MERIZZI v. PIPHER

963 CA 22-00621.

211 A.D.3d 1629 (2022)

178 N.Y.S.3d 715

2022 NY Slip Op 07395

Dana M. Merizzi et al., Respondents, v. Ruth Pipher et al., Appellants.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 23, 2022.


Attorney(s) appearing for the Case

LYNN D'ELIA TEMES & STANCZYK, SYRACUSE ( DAVID C. TEMES OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

MICHAELS & SMOLAK, P.C., AUBURN ( MICHAEL G. BERSANI OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Present—Whalen, P.J., Peradotto, Lindley, Bannister and Montour, JJ.


Appeal from an order and judgment (one paper) of the Supreme Court, Cayuga County (Thomas G. Leone, A.J.), entered December 9, 2020. The order and judgment granted in part the motion of plaintiffs for a default judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on July 14, 2022,

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

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