Attardo v Daemen Coll.
2004 NY Slip Op 09971 [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: PIGOTT, JR., P.J., GREEN, PINE, GORSKI, AND LAWTON, JJ.

[*1]

1696 CA 04-01429 JENNIFER ATTARDO, ANTHONY ATTARDO AND ALICE ATTARDO, PLAINTIFFS-RESPONDENTS, V ORDER

v

DAEMEN COLLEGE, DEFENDANT-RESPONDENT, THE VOLLRATH COMPANY, L.L.C., INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO INDUSTRIAL DESIGN & ENGINEERING ASSOCIATES, INC., AND/OR IDEA MEDALIE, AND INDUSTRIAL DESIGN & ENGINEERING ASSOCIATES, INC., INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO IDEA MEDALIE, DEFENDANTS-APPELLANTS.



Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered April 6, 2004. The order denied the motion of defendants The Vollrath Company, L.L.C., individually and as successor in interest to Industrial Design & Engineering Associates, Inc., and/or Idea Medalie, and Industrial Design & Engineering Associates, Inc., individually and as successor in interest to Idea Medalie for summary judgment dismissing the complaint and the cross claim of defendant Daemen College against them.


WALSH, ROBERTS & GRACE, BUFFALO (KEITH N. BOND OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
CONNORS & VILARDO, LLP, BUFFALO (JOHN T. LOSS OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
Now, upon reading and filing the stipulation withdrawing the appeal signed by the attorneys for the parties on December 21, 2004,


It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: December 30, 2004
JoAnn M. Wahl
Clerk of the Court