TRG Advisors, Inc. v. P&A Ret. Plan Servs., Inc.

• Decision Date: 26 April 2013
• Court: New York Supreme Court — Appellate Division
• Parties: TRG ADVISORS, INC., Formerly Known As P & A Financial Securities, Inc., Plaintiff–Appellant–Respondent, et al., Plaintiffs, v. P & A RETIREMENT PLAN SERVICES, INC., P & A Administrative Services, Inc., Michael A. Rizzo and Joseph Priselac, Jr., Defendants–Respondents–Appellants. (Appeal No. 2.)

105 A.D.3d 1455

963 N.Y.S.2d 914

2013 N.Y. Slip Op. 02972

TRG ADVISORS, INC., Formerly Known As P & A Financial Securities, Inc., Plaintiff–Appellant–Respondent, et al., Plaintiffs,

v.P & A RETIREMENT PLAN SERVICES, INC., P & A Administrative Services, Inc., Michael A. Rizzo and Joseph Priselac, Jr., Defendants–Respondents–Appellants. (Appeal No. 2.)

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

April 26, 2013.

Appeal and cross appeal from an order and judgment (one paper) of the Supreme Court, Erie County (John A. Michalek, J.), entered July 18, 2012. The order and judgment granted in part and denied in part the motion of plaintiff TRG Advisors, Inc., formerly known as P & A Financial Securities, Inc., for partial summary judgment.

Zdarsky, Sawicki & Agostinelli LLP, Buffalo (Joseph E. Zdarsky of Counsel), for Plaintiff–Appellant–Respondent.

Mattar, D'Agostino & Gottlieb, LLP, Buffalo (Lawrence J. Mattar of Counsel), for Defendants–Respondents–Appellants.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on January 23, 2013, and filed in the Erie County Clerk's Office on January 29, 2013,

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

SCUDDER, P.J., CENTRA, CARNI, SCONIERS, and MARTOCHE, JJ., concur.