Opinion
No. CA 09-00867.
December 30, 2009.
Appeal from an order of the Supreme Court, Ontario County (Craig J. Doran, A.J.), entered January 29, 2009. The order, inter alia, denied the motion of defendant for summary judgment.
TREVETT CRISTO SALZER ANDOLINA P.C., ROCHESTER (MARK M. CAMPANELLA OF COUNSEL), FOR DEFENDANT-APPELLANT.
SCOTT AND GILBERT, LLP, CANANDAIGUA (JOHN J. GILBERT OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Present: Hurlbutt, J.P., Smith, Fahey and Carni, JJ.
Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on December 3, 2009,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation.