Opinion
No. CA 08-00598.
October 3, 2008.
Appeal from an order of the Supreme Court, Onondaga County (James P. Murphy, J.), entered November 2, 2007 in a negligence action. The order denied the motion of defendant for summary judgment dismissing the complaint.
COSTELLO, COONEY FEARON, PLLC, SYRACUSE (ROBERT J. SMITH OF COUNSEL), FOR DEFENDANT-APPELLANT.
LYNN LAW FIRM, LLP, SYRACUSE (PATRICIA A. LYNNFORD OF COUNSEL), FOR plaintiff's-RESPONDENTS.
Before: Smith, J.P., Lunn, Fahey and Peradotto, JJ.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on May 22, 2008,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation.