| Myers v Le Chase Constr. Corp. |
| 2005 NY Slip Op 00851 [15 AD3d 1014] |
| 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: HURLBUTT, J.P., SCUDDER, KEHOE, GORSKI, AND MARTOCHE, JJ.
1419 CA 04-01104
[*1]JOSEPH E. MYERS, PLAINTIFF-APPELLANT, ORDER
v
LE CHASE CONSTRUCTION CORPORATION AND STIEGLITZ, STIEGLITZ, MACH, P.C., DEFENDANTS-RESPONDENTS. (ACTION NO. 1.) ——————————————————————
JOSEPH E. MYERS, PLAINTIFF-APPELLANT,
v
BERNIER, CARR & ASSOCIATES, P.C., DEFENDANT-RESPONDENT. (ACTION NO. 2.) (APPEAL NO. 2.)
Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered July 7, 2003. The order, insofar as appealed from, denied in part plaintiff's motion to set aside the jury verdict.
BROWN CHIARI, LLP, LANCASTER (SAMUEL J. CAPIZZI OF COUNSEL), FOR PLAINTIFF-APPELLANT.
TREVETT, LENWEAVER & SALZER, P.C., ROCHESTER (KARL F. SALZER OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on January 14, 2005,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: February 4, 2005
JoAnn M. Wahl
Clerk of the Court