| Mc Coy v Ball Dynamics International, Inc. |
| 2004 NY Slip Op 06923 [11 AD3d 1049] |
| 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: PIGOTT, JR., P.J., GREEN, HURLBUTT, KEHOE, AND MARTOCHE, JJ.
1124 CA 04-00406
[*1]ANNETTE R. MC COY, PLAINTIFF-RESPONDENT, ORDER
v
BALL DYNAMICS INTERNATIONAL, INC., DEFENDANT-APPELLANT, ET AL., DEFENDANT.
Appeal from an order of the Supreme Court, Erie County (Barbara Howe, J.), entered August 6, 2003. The order denied the motion of defendant Ball Dynamics International, Inc. for summary judgment dismissing the amended complaint against it.
BARTH, SULLIVAN & BEHR, LLP, BUFFALO (LAURENCE D. BEHR OF COUNSEL), FOR DEFENDANT-APPELLANT.
LIPSITZ, GREEN, FAHRINGER, ROLL, SALISBURY & CAMBRIA LLP, BUFFALO (NORTON T. LOWE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on August 6, 2004,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: October 1, 2004
JoAnn M. Wahl
Clerk of the Court