Opinion
CA 03-00220
June 13, 2003.
Appeal from that part of an order of Supreme Court, Erie County (Glownia, J.), entered September 10, 2002, that denied in part defendants' motion for summary judgment dismissing the complaint.
ROACH, BROWN, McCARTHY GRUBER, P.C., BUFFALO (J. MARK GRUBER OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
LIPSITZ, GREEN, FAHRINGER, ROLL, SALISBURY CAMBRIA LLP, BUFFALO (JOHN A. COLLINS OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
PRESENT: PINE, J.P., HURLBUTT, SCUDDER, KEHOE, AND HAYES, JJ.
ORDER
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on April 1, 2003,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.