| Paduana v Syracuse Univ. |
| 2005 NY Slip Op 00777 [15 AD3d 1015] |
| Decided on February 4, 2005 |
| 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 February 4, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GREEN, HURLBUTT, KEHOE, AND PINE, JJ.
137 CA 04-01852
[*1]DAVID M. PADUANA, PLAINTIFF-RESPONDENT-APPELLANT, ORDER
v
SYRACUSE UNIVERSITY AND HUBER, HUNT & NICHOLS, INC., DEFENDANTS-APPELLANTS-RESPONDENTS. ————————————————————- SYRACUSE UNIVERSITY, ET AL., THIRD-PARTY PLAINTIFFS, MERIT ELECTRIC, INC., THIRD-PARTY DEFENDANT-APPELLANT-RESPONDENT.
Appeals and cross appeal from an order of the Supreme Court, Onondaga County (Charles T. Major, J.), entered March 10, 2004. The order granted that part of plaintiff's motion for summary judgment on the Labor Law § 240 (1) cause of action, denied that part of the motion with respect to the Labor Law § 241-a cause of action, granted that part of the cross motions of defendants and third-party defendant for summary judgment dismissing the Labor Law § 241-a cause of action and denied that part of the cross motions with respect to the Labor Law § 240 (1) cause of action.
SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE (KEVIN E. HULSLANDER OF COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS.
SUGARMAN LAW FIRM, LLP, SYRACUSE (JAMES G. STEVENS OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT-RESPONDENT.
LYNN LAW FIRM, SYRACUSE (PATRICIA A. LYNN-FORD OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on December 7, 2004,
It is hereby ORDERED that said appeals and cross appeal be and the same hereby are unanimously dismissed without costs upon
stipulation.
Entered: February 4, 2005
JoAnn M. Wahl
Clerk of the Court