Opinion
No. CA 07-00139.
February 1, 2008.
Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered December 12, 2006 in a personal injury action. The order denied the motion of defendant Salvatore Callea for summary judgment.
KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO (PATRICK S. KENNEY OF COUNSEL), FOR DEFENDANT-APPELLANT.
LAW OFFICES OF JAMES E. MORRIS, BUFFALO (KEVIN D. BROWN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: Hurlbutt, J.P., Smith, Fahey, Peradotto and Pine, JJ
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on November 11, 2007,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation.