Opinion
CA 05-02356.
Decided March 17, 2006.
Appeals from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered May 17, 2005 in a personal injury action. The order, among other things, denied the motion of third-party defendant for summary judgment dismissing the third-party complaint.
HURWITZ FINE, P.C., BUFFALO (SCOTT C. BILLMAN OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT.
WEBSTER SZANYI LLP, BUFFALO (KEVIN A. SZANYI OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
COHEN LOMBARDO, P.C., BUFFALO (STUART B. SHAPIRO OF COUNSEL), FOR DEFENDANT-RESPONDENT DAVID G. KNOPKA.
O'NEILL, CANTWELL, FEELEY BROWNELL, BUFFALO (EARL K. CANTWELL, II, OF COUNSEL), FOR DEFENDANT-RESPONDENT AND THIRD-PARTY PLAINTIFF-RESPONDENT.
LAW OFFICES OF JOSEPH D. CALLERY, SYRACUSE (JAMES C. BRADY OF COUNSEL), FOR DEFENDANT-APPELLANT.
Before: PRESENT: PIGOTT, JR., P.J., HURLBUTT, GORSKI, SMITH, AND PINE, JJ.
ORDER
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on December 13, 2005.
It is hereby ORDERED that said appeals be and the same hereby are unanimously dismissed without costs upon stipulation.