Courtright v Eastman Kodak Co.
2004 NY Slip Op 06379 [10 AD3d 485]
Decided on August 18, 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 August 18, 2004
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: PIGOTT, JR., P.J., PINE, WISNER, SCUDDER, AND KEHOE, JJ.

929 CA 04-00143

[*1]PATRICK A. COURTRIGHT, PLAINTIFF-APPELLANT, ORDER

v

EASTMAN KODAK COMPANY, LMC INDUSTRIAL CONTRACTORS, INC., DEFENDANTS-RESPONDENTS, ET AL., DEFENDANT.



Appeal from an order of the Supreme Court, Monroe County (Andrew V. Siracuse, J.), entered September 18, 2003. The order denied plaintiff's motion for partial summary judgment on liability under Labor Law § 240 (1) in a personal injury action.


CELLINO & BARNES, P.C., BUFFALO (DENIS J. BASTIBLE OF COUNSEL), FOR PLAINTIFF-APPELLANT.
LAW OFFICE OF JOSEPH CALLERY, SYRACUSE (JAMES C. BRADY OF COUNSEL), FOR DEFENDANTS-RESPONDENTS. Now, upon reading and filing the stipulation to withdraw appeal signed by the attorneys for the parties on May 17, 2004,


It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: August 18, 2004
JoAnn M. Wahl
Clerk of the Court