| Scioli v Reit Mgt. & Research, Inc. |
| 2005 NY Slip Op 02170 [16 AD3d 1180] |
| Decided on March 18, 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 March 18, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GREEN, GORSKI, MARTOCHE, AND SMITH, JJ.
391 CA 04-02335
[*1]TIMOTHY SCIOLI, PLAINTIFF, ORDER
v
REIT MANAGEMENT & RESEARCH, INC., DEFENDANT-APPELLANT, GRUBB & ELLIS MANAGEMENT SERVICES, INC., DEFENDANT-RESPONDENT, ET AL., DEFENDANTS.
Appeal from an order of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered May 6, 2004. The order granted the motion of defendant Grubb & Ellis Management Services, Inc. seeking summary judgment on its cross claim against defendant REIT Management & Research, Inc. for contractual indemnification and denied the cross motion of defendant REIT Management & Research, Inc. seeking summary judgment on its cross claim against defendant Grubb & Ellis Management Services, Inc. for common-law indemnification.
DAMON & MOREY LLP, BUFFALO (SHERI L. MOONEY OF COUNSEL), FOR DEFENDANT-APPELLANT.
LAW OFFICES OF LAWRENCE M. RUBIN, BUFFALO (DESTIN C. SANTACROSE OF COUNSEL), FOR DEFENDANT-RESPONDENT.
BLOCK, COLUCCI, NOTARO & LAING, P.C., BUFFALO (THOMAS J. NAVARRO, JR., OF COUNSEL), FOR PLAINTIFF.
LAW OFFICES OF JOHN QUACKENBUSH, BUFFALO (WILLIAM E. NITTERAUER OF COUNSEL), FOR DEFENDANT DOORWAY RUG SERVICE OF BUFFALO, INC.
BURGIO, KITA & CURVIN, BUFFALO (HILARY BANKER OF COUNSEL), FOR DEFENDANT MUELLER SECURITY IR CORP.
Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on January 12, 2005,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: March 18, 2005
JoAnn M. Wahl
Clerk of the Court