Opinion
CA 04-02027.
Decided April 29, 2005.
Appeal from an order of the Supreme Court, Erie County (Peter J. Notaro, J.), entered May 26, 2004 in a personal injury action. The order, among other things, denied that part of the motion of defendants seeking summary judgment dismissing the complaint.
NAPIER, FITZGERALD KIRBY, L.L.P., BUFFALO (KENNETH R. KIRBY OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
LAWRENCE J. STRAUSS, WILLIAMSVILLE, FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: HURLBUTT, J.P., SCUDDER, GORSKI, PINE, AND LAWTON, JJ.
ORDER
Now, upon reading and filing the stipulation withdrawing appeals signed by the attorneys for the parties on February 11, 2005.
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.