Opinion
2012-07-6
Kirk RUTHERFORD, Plaintiff–Respondent, v. SPENCER SPEEDWAY, INC., National Association for Stock Car Auto Racing, Inc., John White and John Mullie, Defendants–Appellants.
Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered July 6, 2011 in a personal injury action. The order denied the motion of defendants for summary judgment dismissing the complaint. Damon Morey LLP, Buffalo (Michael E. Appelbaum of Counsel), for defendants-appellants. Lipsitz Green Scime Cambria LLP, Buffalo (Michael P. Stuermer of Counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered July 6, 2011 in a personal injury action. The order denied the motion of defendants for summary judgment dismissing the complaint.
Damon Morey LLP, Buffalo (Michael E. Appelbaum of Counsel), for defendants-appellants. Lipsitz Green Scime Cambria LLP, Buffalo (Michael P. Stuermer of Counsel), for plaintiff-respondent.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on June 7 and 8, 2012 and filed in the Niagara County Clerk's Office on June 25, 2012,
It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.