| James-main Assocs. v Fumerelle |
| 2004 NY Slip Op 03331 [6 AD3d 1248] |
| Decided on April 30, 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 April 30, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GREEN, WISNER, SCUDDER, AND GORSKI, JJ.
543 CA 03-02259
[*1]JAMES-MAIN ASSOCIATES, PLAINTIFF-RESPONDENT, ORDER
v
LOUIS FUMERELLE, DEFENDANT, ADVANCED TREE SERVICE, INC., AND GREAT LAKES DISMANTLING, INC., DEFENDANTS-APPELLANTS.
Appeal from an order of the Supreme Court, Erie County (David J. Mahoney, J.), entered June 10, 2003. The order granted plaintiff's motion for partial summary judgment.
ROACH, BROWN, MC CARTHY & GRUBER, P.C., BUFFALO (GREGORY T. MILLER OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
RUPP, BAASE, PFALZGRAF, CUNNINGHAM & COPPOLA, LLC, BUFFALO (R. ANTHONY RUPP OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties and filed on February 20, 2004,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: April 30, 2004
JoAnn M. Wahl
Clerk of the Court