Perkins v. Upstate Orthopedics, LLP

2018 NY Slip Op 1822

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 16, 2018
• Docket: 403 CA 17-01830
• Status: Published

Opinion

Perkins v Upstate Orthopedics, LLP (2018 NY Slip Op 01822)

Perkins v Upstate Orthopedics, LLP

2018 NY Slip Op 01822

Decided on March 16, 2018

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 16, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CENTRA, NEMOYER, CURRAN, AND TROUTMAN, JJ.

403 CA 17-01830

[*1]DERRICK PERKINS AND HELENA PERKINS, PLAINTIFFS-RESPONDENTS,

v

UPSTATE ORTHOPEDICS, LLP, DANIEL M. DEMARTINI, P.A., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.

SUGARMAN LAW FIRM, LLP, SYRACUSE (DANIELLE MIKALAJUNAS FOGEL OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

WEISBERG & ZUKHER, PLLC, SYRACUSE (DAVID E. ZUKHER OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered July 11, 2017. The order, among other things, denied the motion of defendants Daniel M. DeMartini, P.A., and Upstate Orthopedics, LLP, for summary judgment dismissing the complaint against them.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on February 28, 2018, and filed in the Onondaga County Clerk's Office on March 2, 2018,

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

Entered: March 16, 2018

Mark W. Bennett

Clerk of the Court