Gardner v. Stivers Seneca Marine, Inc.

Full title: Dale M. GARDNER and Sherry Gardner, Plaintiffs–Respondents, v. STIVERS…

Court: Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Jun 8, 2012

96 A.D.3d 1345 (N.Y. App. Div. 2012)

2012 N.Y. Slip Op. 4456

945 N.Y.S.2d 882

Opinion

2012-06-8

Dale M. GARDNER and Sherry Gardner, Plaintiffs–Respondents, v. STIVERS SENECA MARINE, INC., Robert Stivers, and Robert J. Blood, Defendants–Appellants.

Appeals from an order of the Supreme Court, Ontario County (William F. Kocher, *883A.J.), entered December 7, 2010. The order denied the motions of defendants for summary judgment. Davidson Fink LLP, Rochester (Paul D. Kelly of Counsel), for defendants-appellants Stivers Seneca Marine, Inc. and Robert Stivers. Hurwitz & Fine, P.C., Buffalo (Todd C. Bushway of Counsel), for defendant-appellant Robert J. Blood.

Appeals from an order of the Supreme Court, Ontario County (William F. Kocher, *883A.J.), entered December 7, 2010. The order denied the motions of defendants for summary judgment.
Davidson Fink LLP, Rochester (Paul D. Kelly of Counsel), for defendants-appellants Stivers Seneca Marine, Inc. and Robert Stivers. Hurwitz & Fine, P.C., Buffalo (Todd C. Bushway of Counsel), for defendant-appellant Robert J. Blood.
Law Offices of James Morris, Buffalo (Willard M. Pottle, Jr., of Counsel), for plaintiffs-respondents.

PRESENT: SCUDDER, P.J., SMITH, SCONIERS, GORSKI, and MARTOCHE, JJ.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for plaintiffs and defendants Stivers Seneca Marine, Inc. and Robert Stivers on October 11, 2011, and upon reading the stipulation of discontinuance signed by the attorneys for plaintiffs and defendant Robert J. Blood on October 4, 2011 and filed in the Ontario County Clerk's Office on February 24, 2012,

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

All concur except GORSKI, J., who is not participating.