Narrative Opinion Summary
The Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department, addressed an appeal concerning the order entered on December 23, 2015, by Justice Michael L. D’Amico in Erie County. The order denied the defendants' motion for summary judgment to dismiss the complaint and partially granted the plaintiff's cross-motion for summary judgment. Following this, a stipulation of discontinuance was filed on August 2, 2016, by the attorneys for both parties. Consequently, the appeal was unanimously dismissed without costs, as per the stipulation, on November 10, 2016.
Legal Issues Addressed
Stipulation of Discontinuancesubscribe to see similar legal issues
Application: The parties agreed to discontinue proceedings, leading to the dismissal of the appeal without costs.
Reasoning: A stipulation of discontinuance was filed on August 2, 2016, by the attorneys for both parties. Consequently, the appeal was unanimously dismissed without costs, as per the stipulation, on November 10, 2016.
Summary Judgment Denialsubscribe to see similar legal issues
Application: The court addressed the denial of the defendants' motion for summary judgment, indicating the court's decision to partially grant the plaintiff's cross-motion instead.
Reasoning: The order denied the defendants' motion for summary judgment to dismiss the complaint and partially granted the plaintiff's cross-motion for summary judgment.