| Pappas v J&p Pappas, Inc. |
| 2005 NY Slip Op 00877 [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: PIGOTT, JR., P.J., GREEN, KEHOE, SMITH, AND HAYES, JJ.
1598 CA 04-01327
[*1]MARY PAPPAS AND PAUL PAPPAS, PLAINTIFFS-RESPONDENTS-APPELLANTS, ORDER
v
J&P PAPPAS, INC., ET AL., DEFENDANTS, AND ALBERT H. DEUSCHLE, DOING BUSINESS AS ADVANCE EQUIPMENT COMPANY, DEFENDANT- APPELLANT-RESPONDENT.
Appeal and cross appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered September 9, 2003. The order denied the motion of defendant Albert H. Deuschle, doing business as Advance Equipment Company, for summary judgment dismissing the complaint and all cross claims against him and denied the cross motion of plaintiffs for partial summary judgment on the issue of negligence.
COLUCCI & GALLAHER, P.C., BUFFALO (JOHN J. MARCHESE OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.
BARTH, SULLIVAN & BEHR, BUFFALO (PHILIP C. BARTH, III, OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS-APPELLANTS.
RODGERS & COPPOLA, LLP, BUFFALO (MARK C. RODGERS OF COUNSEL), FOR DEFENDANT J&P PAPPAS, INC.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on July 23, 2004 and filed with the Erie County Clerk's Office on September 24, 2004,
It is hereby ORDERED that said appeal 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