Cannon v City of Buffalo
2004 NY Slip Op 06880 [11 AD3d 1051]
Decided on October 1, 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 October 1, 2004
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: GREEN, J.P., KEHOE, MARTOCHE, AND HAYES, JJ.

1067 CA 04-00662

[*1]DARNELL CANNON, AN INFANT, BY HIS PARENTS AND NATURAL GUARDIANS, DANNY CANNON AND DEBRA CANNON, AND DANNY CANNON AND DEBRA CANNON, INDIVIDUALLY, AND DANNY CANNON, III, PLAINTIFFS-RESPONDENTS, ORDER

v

CITY OF BUFFALO, DEFENDANT, MARINE MIDLAND ARENA, DOING BUSINESS AS CROSSROADS ARENA, LLC, U.S. SECURITY ASSOCIATES, INC., INDIVIDUALLY AND/OR U.S. SECURITY ASSOCIATES, INC. AND/OR U.S. SECURITY ASSOCIATES, INC., DOING BUSINESS AS OUTSOURCE PARTNERS, INC. AND/OR OUTSOURCE PARTNERS, INC., DEFENDANTS-APPELLANTS.



Appeals from an order of the Supreme Court, Erie County (Frank A. Sedita, J.), entered October 24, 2003. The order denied the motions for summary judgment of defendants Marine Midland Arena, doing business as Crossroads Arena, LLC, U.S. Security Associates Inc., individually and/or U.S. Security Associates, Inc. and/or U.S. Security Associates, Inc., doing business as Outsource Partners, Inc. and/or Outsource Partners, Inc. and granted the motion for summary judgment of defendant City of Buffalo in a personal injury action.


KENNEY, SHELTON, LIPTAK & NOWAK, LLP, BUFFALO (BRIAN A. MAC DONALD OF COUNSEL), FOR DEFENDANT-APPELLANT MARINE MIDLAND ARENA, DOING BUSINESS AS CROSSROADS ARENA, LLC.
BURGIO, KITA & CURVIN, BUFFALO (STEVEN P. CURVIN OF COUNSEL), FOR DEFENDANTS-APPELLANTS U.S. SECURITY ASSOCIATES, INC., INDIVIDUALLY AND/OR U.S. SECURITY ASSOCIATES, INC. AND/OR U.S. SECURITY ASSOCIATES, INC., DOING BUSINESS AS OUTSOURCE PARTNERS, INC. AND/OR OUTSOURCE PARTNERS, INC.
SHAW & SHAW, P.C., HAMBURG (LEONARD D. ZACCAGNINO OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS. Now, upon the stipulation of discontinuance signed by the attorneys for the parties on May 18, 2004 and filed in the Erie County Clerk's Office on June 2, 2004,


It is hereby ORDERED that said appeals be and the same hereby are unanimously [*2]dismissed without costs upon stipulation.
Entered: October 1, 2004
JoAnn M. Wahl
Clerk of the Court