JAMES SMISLOFF PLAINTIFF RESPONDENT v. DAVID STOTT JR 1390 PITTSFORD MENDON ROAD LLC AND NORTHCOAST WINDOW CLEANING LIMITED LIABILITY COMPANY DEFENDANTS APPELLANTS (2015)

Supreme Court, Appellate Division, Fourth Department.

JAMES J. SMISLOFF, PLAINTIFF–RESPONDENT, v. DAVID P. STOTT, JR., 1390 PITTSFORD–MENDON ROAD, LLC, AND NORTHCOAST WINDOW CLEANING LIMITED LIABILITY COMPANY, DEFENDANTS–APPELLANTS.
DAVID P. STOTT, JR., AND 1390 PITTSFORD–MENDON ROAD, LLC, THIRD–PARTY PLAINTIFFS–APPELLANTS, v. GREGG SMISLOFF, THIRD–PARTY DEFENDANT–RESPONDENT. (APPEAL NO. 1.)

CA 14–02065

Decided: November 20, 2015

PRESENT: SMITH, J.P., PERADOTTO, CARNI, WHALEN, AND DEJOSEPH, JJ.

ELLIOTT STERN CALABRESE, LLP, ROCHESTER (DAVID S. STERN OF COUNSEL), FOR DEFENDANTS–APPELLANTS AND THIRD–PARTY PLAINTIFFS–APPELLANTS. LECLAIR KORONA GIORDANO COLE LLP, ROCHESTER (JEREMY M. SHER OF COUNSEL), FOR PLAINTIFF–RESPONDENT AND THIRD–PARTY DEFENDANT–RESPONDENT.

ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Hughes v. Nussbaumer, Clarke & Velzy, 140 A.D.2d 988; Chase Manhattan Bank, N.A. v. Roberts & Roberts, 63 A.D.2d 566, 567; see also CPLR 5501[a][1] ).

Frances E. Cafarell

Clerk of the Court

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