Opinion
CA 05-00812.
Decided September 30, 2005.
Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered November 3, 2004 in a personal injury action. The order denied defendants' motion for summary judgment dismissing the second amended complaint.
WATSON, BENNETT, COLLIGAN, JOHNSON SCHECHTER, L.L.P., BUFFALO (JOEL B. SCHECHTER OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
CANTOR, LUKASIK, DOLCE PANEPINTO, P.C., BUFFALO (FRANK J. DOLCE OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS. Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on September 2, 2005.
Before: PRESENT: PIGOTT, JR., P.J., GREEN, HURLBUTT, KEHOE, AND PINE, JJ.
ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.