Opinion
CA 05-01117.
Decided November 10, 2005.
Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered December 8, 2004 in a personal injury action. The order, insofar as appealed from, denied in part defendant's motion for summary judgment and granted plaintiff's cross motion for partial summary judgment on liability.
HAGELIN BISCHOF, LLC, BUFFALO (DENNIS J. BISCHOF OF COUNSEL), FOR DEFENDANT-APPELLANT.
ROBERT H. PERK, BUFFALO, FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: GREEN, J.P., GORSKI, SMITH, LAWTON, AND HAYES, JJ.
ORDER
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on July 18, 2005 and filed in the Erie County Clerk's Office on August 2, 2005,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.