Opinion
CA 04-02520.
Decided June 10, 2005.
Appeals from an order of the Supreme Court, Niagara County (Amy J. Fricano, J.), entered May 14, 2004. The order, inter alia, denied the amended motion of counterclaim defendant and granted the cross motion of defendants for summary judgment dismissing counterclaim defendant's affirmative defense of the statute of limitations.
MC GRATH POLVINO, PLLC, WILLIAMSVILLE (DONALD G. MC GRATH OF COUNSEL), FOR PLAINTIFF-APPELLANT.
ERNSTROM DRESTE LLP, ROCHESTER (JOHN W. DRESTE OF COUNSEL), FOR COUNTERCLAIM DEFENDANT-APPELLANT.
PHILLIPS LYTLE LLP, BUFFALO (JEREMIAH J. MC CARTHY OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
HURWITZ FINE, P.C., BUFFALO (SHAWN P. MARTIN OF COUNSEL), FOR THIRD-PARTY DEFENDANT ARTHUR C. LACHUT, INC.
PRESENT: PIGOTT, JR., P.J., HURLBUTT, GORSKI, MARTOCHE, AND LAWTON, JJ.
ORDER
Now, upon reading and filing the stipulation discontinuing the appeals signed by the attorneys for the parties on May 24, 2005,
It is hereby ORDERED that said appeals be and the same hereby are unanimously dismissed without costs upon stipulation.