Sycamore Maple Family Ltd. Partnership v. Jerge
Docket 350 CA 25-00898
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- New York
- Court
- Appellate Division of the Supreme Court of the State of New York
- Type
- Opinion
- Case type
- Civil
- Disposition
- Dismissed
- Citation
- 2026 NY Slip Op 02569
- Docket
- 350 CA 25-00898
Appeal and cross-appeal from an order of Supreme Court, Erie County, that had granted in part and denied in part motions for summary judgment.
Summary
The Appellate Division dismissed an appeal and cross-appeal in an Erie County civil action between Sycamore Maple Family Ltd. Partnership and James F. Jerge. The parties filed a stipulation of discontinuance on April 2, 2026, and the court ordered the appeals dismissed without costs on April 24, 2026. No opinion on the merits was issued because the case was discontinued by the parties.
Issues Decided
- Whether the trial court properly granted in part and denied in part the parties' respective motions for summary judgment (subject matter of the underlying appeal).
- Whether the appeals should proceed following the parties' stipulation of discontinuance.
Court's Reasoning
The court did not reach the underlying substantive issues because the parties filed a stipulation of discontinuance. Under the stipulation, the parties agreed to discontinue the appeals, and the Appellate Division accordingly dismissed both the appeal and cross-appeal without costs. The dismissal was unanimous and based on the parties' procedural agreement rather than a judicial determination on the merits.
Parties
- Plaintiff
- Sycamore Maple Family Limited Partnership
- Appellant
- Sycamore Maple Family Limited Partnership
- Defendant
- James F. Jerge, Jr.
- Respondent
- James F. Jerge, Jr.
- Attorney
- Spencer L. Durland (Hoover & Durland LLP)
- Attorney
- Colin M. Knoer (The Knoer Group, PLLC)
- Judge
- Deborah A. Chimes
- Judge
- Whalen, P.J.
- Judge
- Curran
- Judge
- Ogden
- Judge
- Nowak
- Judge
- Delconte
Key Dates
- trial court order entered
- 2025-04-15
- stipulation of discontinuance filed by parties
- 2026-04-02
- appellate decision/dismissal entered
- 2026-04-24
What You Should Do Next
- 1
Confirm trial-court status
Party counsel should check the trial-court docket and orders to confirm whether any judgments, enforcement, or other proceedings remain and whether further action at the trial level is required.
- 2
Consider motion to vacate (if desired)
If a party believes the stipulation was improper or seeks to continue appellate review, they should consult counsel immediately about whether a timely motion to vacate the stipulation or other relief is available.
- 3
Document settlement terms
If the discontinuance resulted from a settlement, the parties should ensure all settlement terms are documented and enforced as needed in the trial court or by separate agreement.
Frequently Asked Questions
- What does this dismissal mean?
- The parties agreed to discontinue the appeals, so the Appellate Division dismissed both the appeal and cross-appeal without deciding the legal issues on their merits.
- Who is affected by this decision?
- The immediate parties, Sycamore Maple Family Limited Partnership and James F. Jerge, Jr., are affected because their appeals are ended and no appellate ruling will change the underlying trial-court order.
- Can the case be revived or appealed again?
- Generally, a stipulation of discontinuance ends the appeal; to reopen or bring new appeals a party would need a permitted legal basis such as a timely motion to vacate the stipulation or other exceptional grounds, and should consult counsel promptly.
- Does the dismissal resolve the underlying dispute?
- The dismissal of the appeals does not itself resolve or modify the trial court's order; it simply ends appellate review by agreement, leaving the status of the trial-court proceedings as they stood when the parties discontinued the appeals.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Sycamore Maple Family Ltd. Partnership v Jerge - 2026 NY Slip Op 02569 Sycamore Maple Family Ltd. Partnership v Jerge 2026 NY Slip Op 02569 April 24, 2026 Appellate Division, Fourth Department SYCAMORE MAPLE FAMILY LIMITED PARTNERSHIP, PLAINTIFF-APPELLANT-RESPONDENT, v JAMES F. JERGE, JR., DEFENDANT-RESPONDENT-APPELLANT. Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department Decided on April 24, 2026 350 CA 25-00898 Present: Whalen, P.J., Curran, Ogden, Nowak, And Delconte, JJ. HOOVER & DURLAND LLP, BUFFALO (SPENCER L. DURLAND OF COUNSEL), FOR PLAINTIFF-APPELLANT-RESPONDENT. THE KNOER GROUP, PLLC, BUFFALO (COLIN M. KNOER OF COUNSEL), FOR DEFENDANT-RESPONDENT-APPELLANT. Appeal and cross-appeal from an order of the Supreme Court, Erie County (Deborah A. Chimes, J.), entered April 15, 2025. The order granted in part and denied in part plaintiff's motion for partial summary judgment and defendant's cross-motion for summary judgment. Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on April 2, 2026, It is hereby ORDERED that said appeal and cross-appeal are unanimously dismissed without costs upon stipulation. Entered: April 24, 2026 Ann Dillon Flynn