Opinion
CA 03-00699.
December 31, 2003.
Appeals from an order of Supreme Court, Erie County (Doyle, J.), entered December 20, 2002, which denied the motions of defendants Earl M. Schunk and Duane D. Warriner for summary judgment dismissing the complaint and cross claims against them.
HAGELIN BISCHOF, LLC, BUFFALO (MICHAEL T. HAGELIN OF COUNSEL), FOR DEFENDANT-APPELLANT EARL M. SCHUNK.
O'SHEA, REYNOLDS CUMMINGS, BUFFALO (MICHELLE M. PARKER OF COUNSEL), FOR DEFENDANT-APPELLANT DUANE D. WARRINER.
UNDERBERG KESSLER LLP, BUFFALO (J. DAVID SAMPSON OF COUNSEL), FOR PLAINTIFF-RESPONDENT CLARENCE A. FRIDDELL, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF PAMELA M. FRIDDELL, DECEASED. LAW OFFICES OF JOHN J. FROMEN, FOR PLAINTIFF-RESPONDENT DEBBIE J. KUPKA, AS EXECUTRIX OF THE ESTATE OF RICHARD C. SPENCER, DECEASED. SMITH, KELLER, MINER O'SHEA, FOR PLAINTIFF-RESPONDENT LESLIE K. WEST. DE MARIE SCHOENBORN, P.C., FOR PLAINTIFFS-RESPONDENTS CHARLES B. COLERN, AS ADMINISTRATOR OF THE ESTATE OF RONALD J. COLERN, DECEASED, AND MARGARET PYSCZYNSKI, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF MAURICE BLACK, DECEASED. WOJTAN, VALLONE GAGOLA, LLP, FOR PLAINTIFF-RESPONDENT DANIEL L. KULINSKI, EXECUTOR OF THE ESTATE OF CAROL ANN PHILLIPS, DECEASED. MISERENDINO, CELNIKER, SEEGERT ESTOFF, P.C., FOR PLAINTIFF-RESPONDENT JOELEEN RODGERS, AS ADMINISTRATOR OF THE ESTATE OF PATRICIA RODGERS, DECEASED.
CONNORS VILARDO, LLP, BUFFALO (LAWLOR F. QUINLAN, III, OF COUNSEL) FOR PLAINTIFF-RESPONDENT CHARLES P. RECKTENWALT.
GIBSON, McASKILL CROSBY, LLP, BUFFALO (SHAMUS B. MULDERIG OF COUNSEL), FOR DEFENDANTS-RESPONDENTS ALLIED HOLDINGS, INC., ALLIED AUTOMOTIVE GROUP, INC., CANADIAN ACQUISITION CORP., AND ALLIED SYSTEMS (CANADA) COMPANY, FORMERLY KNOWN AS AUTO HAULAWAY COMPANY.
KENNEY, SHELTON, LIPTAK NOWAK, L.L.P., BUFFALO (WENDY A. SCOTT OF COUNSEL), FOR DEFENDANT-RESPONDENT BARTON A. FORTH.
Before: PRESENT: GREEN, J.P., HURLBUTT, SCUDDER, KEHOE, AND HAYES, JJ.
ORDER
Now, upon the stipulation of discontinuance of action No. 8 signed by the attorneys for the parties on November 6, 2003 and filed in the Erie County Clerk's Office on November 18, 2003,
It is hereby ORDERED that said appeals from the order insofar as they concern action No. 8 be and the same hereby are unanimously dismissed upon stipulation and the order is affirmed without costs.