| Brown v Erie County Indus. Dev. Agency |
| 2004 NY Slip Op 09796 [13 AD3d 1234] |
| Decided on December 30, 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 December 30, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: GREEN, J.P., HURLBUTT, KEHOE, AND HAYES, JJ.
1348 CA 04-00958
[*1]MICHAEL BROWN AND DANIELLE BROWN, PLAINTIFFS-RESPONDENTS, ORDER
v
ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY, UNILAND DEVELOPMENT CORPORATION, BLUE CROSS AND BLUE SHIELD OF WESTERN NEW YORK AND RE:SOURCE AMERICAS ENTERPRISES, INC., DEFENDANTS-APPELLANTS. (ACTION NO. 1.) ——————————————————————-
RE:SOURCE AMERICAS ENTERPRISES, INC., THIRD-PARTY PLAINTIFF,
v
LANDMARK FLOORING CONCEPTS, INC., THIRD-PARTY DEFENDANT-APPELLANT. (ACTION NO. 2.)
Appeals from an order of the Supreme Court, Erie County (Nelson H. Cosgrove, J.), entered August 5, 2003. The order, insofar as appealed from, granted plaintiffs' motion for partial summary judgment on liability and denied in part the cross motions of defendants and third-party defendant for summary judgment dismissing the amended complaint in a personal injury action.
DAMON & MOREY LLP, BUFFALO (VINCENT G. SACCOMANDO OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
WALSH & WILKINS, BUFFALO (DOUGLAS P. HAMBERGER OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT.
LO TEMPIO & BROWN, P.C., BUFFALO (PATRICK J. BROWN OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on November 5, 2004,
It is hereby ORDERED that said appeals be and the same hereby are
unanimously dismissed without costs upon stipulation.
[*2]
Entered: December 30, 2004
JoAnn M. Wahl
Clerk of the Court