Opinion
No. 167 CA 10-01375.
July 1, 2011.
Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered March 31, 2010. The order, inter alia, denied the motion of third-party defendant for summary judgment.
STEPHEN E. HALL, ROCHESTER, FOR THIRD-PARTY DEFENDANT-APPELLANT.
GROSS, SHUMAN, BRIZDLE GILFILLAN, P.C., BUFFALO (HUGH C. CARLIN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
UNDERBERG KESSLER LLP, BUFFALO (COLIN D. RAMSEY OF COUNSEL), FOR DEFENDANT-RESPONDENT AND THIRD-PARTY PLAINTIFF-RESPONDENT.
Present — Smith, J.P., Carni, Sconiers, Green and Gorski, JJ.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on June 10, 2011,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation.