Opinion
CA 05-00637.
Decided September 30, 2005.
Appeal from an order of the Supreme Court, Monroe County (Andrew V. Siracuse, J.), entered October 19, 2004 in a personal injury action. The order granted the motion of defendant Innex Industries, Inc. for summary judgment dismissing the complaint against it and denied plaintiff's cross motion for partial summary judgment on the issue of liability.
MICHAEL STEINBERG, ROCHESTER, FOR PLAINTIFF-APPELLANT.
GROSSO MARTINEZ MC CARTHY, ROCHESTER (RAUL MARTINEZ OF COUNSEL), FOR DEFENDANT-RESPONDENT. Now, upon reading and filing the stipulation of discontinuance of appeal signed by the attorneys for the parties on September 9, 2005.
Before: PRESENT: PIGOTT, JR., P.J., GORSKI, MARTOCHE, PINE, AND LAWTON, JJ.
ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.