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GERACE-MURDENT, LAURIE J. v. KIMMERER, LARKIN L.

Citations: 98 A.D.3d 1292; 951 N.Y.S.2d 420Docket: CA 11-02202

Court: Appellate Division of the Supreme Court of the State of New York; September 28, 2012; New York; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Laurie J. Gerace-Murdent, the plaintiff-appellant, appealed an order from the Supreme Court of Onondaga County, which denied her motion for partial summary judgment regarding negligence in a personal injury case against defendants Larkin L. Kimmerer and Robin W. Kimmerer. The appeal was subsequently discontinued following a stipulation signed by both parties' attorneys on June 27 and 28, 2012. The appellate court ordered the appeal to be dismissed without costs on September 28, 2012.

Legal Issues Addressed

Appeal Discontinuation

Application: The appeal initiated by the plaintiff-appellant was discontinued following a mutual agreement between the parties involved.

Reasoning: The appeal was subsequently discontinued following a stipulation signed by both parties' attorneys on June 27 and 28, 2012.

Dismissal of Appeal Without Costs

Application: The appellate court dismissed the appeal without imposing any costs on either party as a result of the discontinuation agreement.

Reasoning: The appellate court ordered the appeal to be dismissed without costs on September 28, 2012.