Opinion
CA 05-00568.
Decided September 30, 2005.
Appeals and cross appeal from an order of the Supreme Court, Erie County (David J. Mahoney, J.), entered May 26, 2004 in a personal injury action. The order, inter alia, granted the cross motion of defendant City of Lackawanna for summary judgment dismissing the second amended complaint and cross claims against it.
Now, upon the stipulation of discontinuance of the action against defendants Michael Berdych, Chris Urbanczyk, Consolidated Rail Corporation and Norfolk Southern Railway Company, signed by the attorneys for plaintiffs and said defendants on June 2, 3, 6 and 7, 2005 and filed in the Erie County Clerk's Office on June 15, 2005.
O'SHEA, REYNOLDS CUMMINGS, BUFFALO (MICHELLE PARKER OF COUNSEL), FOR DEFENDANT-APPELLANT CHRIS URBANCZYK.
GOLDBERG SEGALLA LLP, BUFFALO (PAUL D. MC CORMICK OF COUNSEL), FOR DEFENDANTS-APPELLANTS CONSOLIDATED RAIL CORPORATION AND NORFOLK SOUTHERN RAILWAY COMPANY.
LAW OFFICES OF EUGENE C. TENNEY, BUFFALO (BOYD L. EARL OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS-APPELLANTS.
LAW OFFICE OF JAMES E. MORRIS, BUFFALO (KEVIN D. BROWN OF COUNSEL), FOR DEFENDANT-RESPONDENT.
RUPP, BAASE, PFALZGRAF, CUNNINGHAM COPPOLA, LLC, BUFFALO (THOMAS P. CUNNINGHAM OF COUNSEL), FOR DEFENDANT MICHAEL BERDYCH.
Before: PRESENT: HURLBUTT, J.P., SCUDDER, KEHOE, MARTOCHE, AND HAYES, JJ.
ORDER
It is hereby ORDERED that said appeals be and the same hereby are unanimously dismissed upon stipulation and the order is affirmed without costs.