| Rutherford v Korbell-the Window Store, Inc. |
| 2004 NY Slip Op 06980 [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., HURLBUTT, GORSKI, AND LAWTON, JJ.
1190 CA 04-00444
[*1]JOHN RUTHERFORD, PLAINTIFF-RESPONDENT, ORDER
v
KORBELL-THE WINDOW STORE, INC., DEFENDANT-APPELLANT, ET AL., DEFENDANTS.
Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered December 17, 2003. The order, insofar as appealed from, granted plaintiff's motion to dismiss the affirmative defense alleging that the action is barred under the Workers' Compensation Law and seeking partial summary judgment on the issue of liability under Labor Law § 240 and denied the cross motion of defendant Korbell-The Window Store, Inc. for summary judgment dismissing the complaint against it.
CHELUS, HERDZIK, SPEYER, MONTE & PAJAK, P.C., BUFFALO (THOMAS P. KAWALEC OF COUNSEL), FOR DEFENDANT-APPELLANT.
TARA B. LILLIS, AMHERST, FOR PLAINTIFF-RESPONDENT.
Now, upon reading and filing the stipulation discontinuing the appeal signed by the attorneys for the parties on September 17, 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