| Thomas v Lakeside Contr. & Remodeling, Inc. |
| 2004 NY Slip Op 09803 [13 AD3d 1232] |
| 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., SCUDDER, GORSKI, MARTOCHE, AND HAYES, JJ.
1391 CA 04-01153
[*1]DANIEL M. THOMAS, PLAINTIFF-RESPONDENT-APPELLANT, ORDER
v
LAKESIDE CONTRACTING & REMODELING, INC., DEFENDANT-APPELLANT-RESPONDENT.
Appeal and cross appeal from an order of the Supreme Court, Erie County (Nelson H. Cosgrove, J.), entered April 23, 2004. The order granted plaintiff's motion for partial summary judgment on the issue of liability under Labor Law § 240 (1) and denied defendant's motion for summary judgment dismissing the complaint.
LAW OFFICES OF JOHN QUACKENBUSH, BUFFALO (JOHN WALLACE OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.
MISERENDINO, CELNIKER, SEEGERT & ESTOFF, P.C., BUFFALO (JONATHAN D. ESTOFF OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.
Now, upon reading and filing the stipulation discontinuing the appeal and cross appeal signed by the attorneys for the parties on December 3, 2004,
It is hereby ORDERED that said appeal and cross appeal be and the same hereby are unanimously dismissed without costs upon stipulation.
Entered: December 30, 2004
JoAnn M. Wahl
Clerk of the Court