Opinion
CA 03-00856.
November 21, 2003.
Appeal from an order of Supreme Court, Oneida County (Shaheen, J.), entered November 20, 2002, which denied the motion of defendant D.R. O'Neill Enterprises, Inc., doing business as Greenscapes Landscape Co., Inc. for summary judgment dismissing the complaint and cross claims against it.
Roe, Shantz and Iacono, Liverpool (Frederick Shantz of Counsel), for Defendant-Appellant.
Brindisi, Murad Brindisi-Pearlman, LLP, Utica (Eva Brindisi-Pearlman of Counsel), for Plaintiffs-Respondents.
Law Offices of Laurie G. Ogden, Syracuse (Martha L. Berry of Counsel), for Defendants-Respondents.
Before: Present: Green, J.P., Wisner, Hurlbutt, Kehoe, and Hayes, JJ.
ORDER
Now, upon reading and filing the stipulation discontinuing action signed by the attorneys for the parties on August 21, September 9 and 12, 2003,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.