Opinion
No. CA 09-01132.
December 30, 2009.
Appeal from an order of the Supreme Court, Steuben County (Marianne Furfure, A.J.), entered February 20, 2009 in a personal injury action. The order denied the motion of defendant for summary judgment dismissing the complaint.
COUGHLIN GERHART, LLP, BINGHAMTON (KEITH A. O'HARA OF COUNSEL), FOR DEFENDANT-APPELLANT.
LEARNED, REILLY, LEARNED HUGHES, LLP, ELMIRA (SCOTT J. LEARNED OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
Present: Hurlbutt, J.P., Fahey, Peradotto, Green and Gorski, JJ.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on September 18, 2009 and filed in the Steuben County Clerk's Office on September 22, 2009,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation.