Opinion
CA 03-00955.
December 31, 2003.
Appeal and cross appeal from an order of Supreme Court, Erie County (Lane, J.), entered October 1, 2002, which, inter alia, granted plaintiffs' motion for partial summary judgment on the issue of liability under Labor Law § 240 (1).
RUPP, BAASE, PFALZGRAF, CUNNINGHAM COPPOLA LLC, BUFFALO (LISA A. COPPOLA OF COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS.
PAUL WILLIAM BELTZ, P.C., BUFFALO (TERRENCE P. HIGGINS OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS-APPELLANTS.
Before: PRESENT: WISNER, J.P., HURLBUTT, SCUDDER, GORSKI, AND LAWTON, JJ.
ORDER
Now, upon reading and filing the stipulation discontinuing the appeal and cross appeal signed by the attorneys for the parties on September 3, 2003,
It is hereby ORDERED that said appeal and cross appeal be and the same hereby are unanimously dismissed without costs upon stipulation.