Opinion
No. CA 08-00959.
November 14, 2008.
Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered January 7, 2008 in a personal injury action. The order, insofar as appealed from, denied in part defendant's motion for summary judgment and granted plaintiffs cross motion for partial summary judgment.
DIXON HAMILTON, LLP, GETZVILLE (DENNIS P. HAMILTON OF COUNSEL), FOR DEFENDANT-APPELLANT.
ROBERT H. PERK, BUFFALO, FOR PLAINTIFF-RESPONDENT. Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on August 1 and 6, 2008,
Before: Centra, J.P., Fahey, Peradotto, Green and Gorski, JJ.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on August 1 and 6, 2008,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation.