CANTON-POTSDAM HOSPITAL v. S.A.F.E., LLC

715.1/22 CA 21-01060.

2024 NY Slip Op 02469

CANTON-POTSDAM HOSPITAL, ET AL., Plaintiffs-Appellants, v. S.A.F.E., LLC, ET AL., Defendants-Respondents. CANTON-POTSDAM HOSPITAL, ET AL., Third-Party Plaintiffs-Respondents, v. GINA EMERSON AND ED ALBERTS, Third-Party Defendants-Appellants.

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

Decided May 3, 2024.


Attorney(s) appearing for the Case

BARCLAY DAMON LLP, ALBANY ( DAVID M. COST OF COUNSEL), FOR PLAINTIFFS-APPELLANTS AND THIRD-PARTY PLAINTIFFS-RESPONDENTS.

EPSTEIN BECKER & GREEN, P.C., NEW YORK CITY ( JOHN HOUSTON POPE OF COUNSEL), MILBER MAKRIS PLOUSADIS & SEIDEN, LLP, PURCHASE ( THOMAS H. KUKOWSKI OF COUNSEL), AND MELVIN & MELVIN, PLLC, SYRACUSE ( ROGER W. BRADLEY OF COUNSEL), FOR DEFENDANTS-RESPONDENTS AND THIRD-PARTY DEFENDANTS-APPELLANTS.

PRESENT: WHALEN, P.J., SMITH, CURRAN, AND BANNISTER, JJ.


Appeals from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered December 24, 2020. The order, inter alia, denied the motion of plaintiffs seeking, among other things, to vacate in part an order entered September 23, 2019.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on January 2, 2024,

It is hereby ORDERED that said appeals are unanimously dismissed without costs upon...

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