Brown v. Phipps

Full title: FARASA BROWN, PLAINTIFF-RESPONDENT, v. WILLIAM PHIPPS, DEFENDANT-APPELLANT.

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Oct 9, 2015

2015 N.Y. Slip Op. 7350 (N.Y. App. Div. 2015)

Opinion

832 CA 14-02201

10-09-2015

FARASA BROWN, PLAINTIFF-RESPONDENT, v. WILLIAM PHIPPS, DEFENDANT-APPELLANT.

CABANISS CASEY LLP, ALBANY (BRIAN D. CASEY OF COUNSEL), FOR DEFENDANT-APPELLANT. LIPSITZ & PONTERIO LLC, BUFFALO (NEIL J. MCKINNON OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

CENTRA, J.P., CARNI, LINDLEY, AND DEJOSEPH, JJ.

PRESENT:

CABANISS CASEY LLP, ALBANY (BRIAN D. CASEY OF COUNSEL), FOR DEFENDANT-APPELLANT.

LIPSITZ & PONTERIO LLC, BUFFALO (NEIL J. MCKINNON OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Monroe County (John J. Ark, J.), entered September 27, 2014. The order withdrew the order of the court entered February 21, 2014, denied the motion of defendant for summary judgment and reinstated the complaint.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on July 15, 2015, and filed in the Monroe County Clerk's Office on July 30, 2015,

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

Entered: October 9, 2015

Frances E. Cafarell

Clerk of the Court