Opinion
CA 05-01899.
Decided March 17, 2006.
Appeal from an order of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered May 27, 2005 in a personal injury action. The order denied defendants' motion to bifurcate the trial, granted plaintiffs' cross motion for summary judgment on the issue of negligence and granted third-party defendant's motion for summary judgment dismissing the third-party complaint.
BOUVIER PARTNERSHIP, LLP, BUFFALO (NORMAN E.S. GREENE OF COUNSEL), FOR DEFENDANTS-APPELLANTS AND THIRD-PARTY PLAINTIFFS-APPELLANTS.
LAW OFFICES OF MICHAEL HAYES, BUFFALO (DEANNA D. RUSSELL OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
LAW OFFICE OF ROY A. MURA, BUFFALO (SUSAN H. SADINSKY OF COUNSEL), FOR THIRD-PARTY DEFENDANT-RESPONDENT.
Before: PRESENT: PIGOTT, JR., P.J., HURLBUTT, GORSKI, SMITH, AND PINE, JJ.
ORDER
Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on January 5, 2006.
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.