Opinion
CA 04-01317.
Decided June 10, 2005.
Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered May 5, 2004. The order granted plaintiff's motion for partial summary judgment on the first and third causes of action, granted judgment in favor of plaintiff in the amount of $762,609.69 and denied defendant's cross motion for summary judgment dismissing the complaint.
MENTER, RUDIN TRIVELPIECE, P.C., SYRACUSE (JULIAN B. MODESTI OF COUNSEL), FOR DEFENDANT-APPELLANT.
WOODS OVIATT GILMAN LLP, ROCHESTER (ROBERT D. HOOKS OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Now, upon reading and filing the stipulation to dismiss appeals signed by the attorneys for the parties on April 28, 2005,
PRESENT: PIGOTT, JR., P.J., GREEN, KEHOE, MARTOCHE, AND HAYES, JJ.
ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.