Opinion
CA 05-00873.
April 28, 2006.
Appeal from an order of the Supreme Court, Erie County (John F. O'Donnell, J.), entered September 22, 2004 in a personal injury action. The order, inter alia, granted plaintiff's cross motion for partial summary judgment on liability under Labor Law § 240 (1).
RUPP, BAASE, PFALZGRAF, CUNNINGHAM COPPOLA, LLC, BUFFALO (JEFFREY F. BAASE OF COUNSEL), FOR DEFENDANT-APPELLANT.
COLLINS MAXWELL, LLP, BUFFALO (SHAWN W. CAREY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
DAVID C. LAUB, BUFFALO, FOR DEFENDANT PAUL GOLDSMITH, ALSO KNOWN AS PAUL BAUMGARTNER.
Before: Scudder, J.P., Kehoe, Martoche, Green and Hayes, JJ.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on March 21, 2006, and filed in the Erie County Clerk's Office on March 22, 2006,
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.