Opinion
CA 05-01457.
Decided March 17, 2006.
Appeal from an order of the Supreme Court, Erie County (David J. Mahoney, J.), entered December 30, 2004 in a personal injury action. The order, insofar as appealed from, directed plaintiff to appear for a deposition and to testify with respect to her prior 1990 and 1991 accidents and all treatments arising from those accidents and directed plaintiff to appear for an independent medical examination.
LIPSITZ, GREEN, FAHRINGER, ROLL, SALISBURY CAMBRIA LLP, BUFFALO (JOHN A. COLLINS OF COUNSEL), FOR PLAINTIFF-APPELLANT.
DAMON MOREY, BUFFALO (BRIAN A. BIRENBACH OF COUNSEL), FOR DEFENDANT-RESPONDENT LMM PROPERTIES ENTERPRISES, INC.
BROWN KELLY LLP, BUFFALO (JOHN E. STANTON, JR., OF COUNSEL), FOR DEFENDANT-RESPONDENT KENNETH P. KELLER, DOING BUSINESS AS FREEDOM RESTORATION.
Before: PRESENT: PIGOTT, JR., P.J., KEHOE, MARTOCHE, SMITH, AND PINE, JJ.
ORDER
Now, upon reading and filing the stipulation to dismiss appeal signed by the attorneys for the parties on December 30, 2005 and January 3, 2006.
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.