Millard v Alliance Laundry Sys., LLC (2006 NYSlipOp 06981)

Millard v Alliance Laundry Sys., LLC

2006 NYSlipOp 06981

September 29, 2006

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, November 08, 2006

Marly Millard, Plaintiff, v Alliance Laundry Systems, LLC, et al., Defendants. USA Clean, Improperly Sued as USA Clean, Formerly Known as Frontier Supply & Equipment, Third-Party Plaintiff,
v
Tramz Hotels, Inc., Doing Business as Holiday Inn et al., Third-Party Defendants. Alliance Laundry Systems, LLC, Third-Party Plaintiff-Respondent, v Tramz Hotels, Inc., Doing Business as Holiday Inn, Third-Party Defendant, and Frontier Alkali Corp., Doing Business as Frontier Supply & Equipment, Renamed Gary H., Inc., Third-Party Defendant-Appellant.

—[*1]Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered May 5, 2005. The order denied the cross motion of third-party defendant Frontier Alkali Corp., doing business as Frontier Supply & Equipment, renamed Gary H., Inc., for summary judgment on its indemnification claim against third-party plaintiff Alliance Laundry Systems, [*2]LLC.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on August 25 and 30, 2006,

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation. Present—Scudder, J.P., Kehoe, Gorski, Smith and Pine, JJ.