| Weisedel v Kci, Inc. |
| 2004 NY Slip Op 04892 [8 AD3d 1128] |
| Decided on June 14, 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 June 14, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GREEN, PINE, WISNER, AND LAWTON, JJ.
695 CA 03-01753
[*1]ANDREA WEISEDEL AND WAYNE WEISEDEL, PLAINTIFFS-RESPONDENTS, ORDER
v
KCI, INC., AND PAUL SCHWARTZ, DEFENDANTS-APPELLANTS.
Appeal from an order of the Supreme Court, Erie County (Barbara Howe, J.), entered November 6, 2002. The order denied defendants' motion for summary judgment dismissing the complaint and supplemental motion to strike the affidavit of plaintiffs' expert.
HISCOCK & BARCLAY, LLP, ROCHESTER (THOMAS B. CRONMILLER OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
DI NARDO, METSCHL & DWYER, P.C., BUFFALO (MICHAEL G. DWYER OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on April 27 and 28, 2004 and filed in the Erie County Clerk's Office on May 18, 2004,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: June 14, 2004
JoAnn M. Wahl
Clerk of the Court