| Siemens Bldg. Tech. v E&l Piping |
| 2004 NY Slip Op 00888 [4 AD3d 897] |
| Decided on February 11, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on February 11, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PINE, J.P., WISNER, SCUDDER, KEHOE, AND HAYES, JJ.
196 CA 03-00990
[*1]SIEMENS BUILDING TECHNOLOGIES, INC., FORMERLY KNOWN AS LANDIS & STAEFA, INC., PLAINTIFF-RESPONDENT, ORDER
v
E&L PIPING, INC., AND THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND, DEFENDANTS-APPELLANTS.
Appeal from an order and judgment (one document) of the Supreme Court, Monroe County (Thomas Stander, J.), entered December 5, 2002. The order and judgment granted plaintiff's motion for summary judgment on the complaint and awarded plaintiff $147,329.20, plus interest.
WOLFORD & LECLAIR LLP, ROCHESTER (LESLIE E. SWIFT OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
ADAIR, KAUL, MURPHY, AXELROD & SANTORO, LLP, ROCHESTER (DAVID L. MURPHY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Now, upon reading and filing the stipulation discontinuing the appeal signed by the attorneys for the parties on December 18 and 22, 2003, respectively,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: February 11, 2004
JoAnn M. Wahl
Clerk of the Court