Opinion
CA 03-00859.
February 11, 2004.
Appeal from an order of the Supreme Court, Niagara County (Rose H. Sconiers, J.), entered November 25, 2002. The order denied defendant's motion for summary judgment dismissing the complaint and granted in part plaintiff's cross motion for partial summary judgment on liability.
KENNEY, SHELTON, LIPTAK NOWAK, L.L.P., BUFFALO (WENDY A. SCOTT OF COUNSEL), FOR DEFENDANT-APPELLANT.
DAVID R. WENDT, LOCKPORT, FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: PIGOTT, JR., P.J., GREEN, PINE, WISNER, AND GORSKI, JJ.
ORDER
Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on November 4, 2003,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.