Opinion
2021-06288
11-12-2021
ANDREW L. ANDRUSZKO, AS ADMINISTRATOR OF THE ESTATE OF LYNN M. ANDRUSZKO, PLAINTIFF, v. MICHAEL P. HARRINGTON, ET AL., DEFENDANTS. MICHAEL P. HARRINGTON, WILLIAM E. WAYMAN AND WILLIAM E. WAYMAN, DOING BUSINESS AS WAYMANS TRUCKING, THIRD-PARTY PLAINTIFFS-RESPONDENTS, v. PETER KAY AUTO SALES, INC., THIRD-PARTY DEFENDANT-APPELLANT.
CHELUS, HERDZIK, SPEYER & MONTE, P.C., BUFFALO (MICHAEL J. CHMIEL OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT. HAGELIN SPENCER LLC, BUFFALO (SEAN M. SPENCER OF COUNSEL), FOR THIRD-PARTY PLAINTIFFS-RESPONDENTS.
CHELUS, HERDZIK, SPEYER & MONTE, P.C., BUFFALO (MICHAEL J. CHMIEL OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT.
HAGELIN SPENCER LLC, BUFFALO (SEAN M. SPENCER OF COUNSEL), FOR THIRD-PARTY PLAINTIFFS-RESPONDENTS.
PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND DEJOSEPH, JJ.
Appeal from an order of the Supreme Court, Erie County (Dennis Ward, J.), entered January 12, 2021. The order denied the motion of third-party defendant for summary judgment.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 6, 2021, It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.