| Resetarits v Christa Constr. Corp. |
| 2005 NY Slip Op 02185 [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, PINE, GORSKI, AND LAWTON, JJ.
1698 CA 04-01445
[*1]MATTHEW RESETARITS, PLAINTIFF-RESPONDENT-APPELLANT, ORDER
v
CHRISTA CONSTRUCTION CORP., DAVID CHRISTA CONSTRUCTION, INC., CHRISTA CONSTRUCTION AND LETCHWORTH SCHOOL DISTRICT, DEFENDANTS-APPELLANTS-RESPONDENTS.
Appeals and cross appeal from an order of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered October 17, 2003. The order granted in part defendants' motion and cross motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for partial summary judgment on the issue of liability under Labor Law § 240 (1) in a personal injury action.
SMITH, MURPHY & SCHOEPPERLE, LLP, BUFFALO (LYNN D. GATES OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT CHRISTA CONSTRUCTION CORP.,
DAVID CHRISTA CONSTRUCTION, INC. AND CHRISTA CONSTRUCTION.
CHELUS, HERDZIK, SPEYER, MONTE & PAJAK, P.C., BUFFALO (JOHN N. PHILIPPS, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT LETCHWORTH SCHOOL DISTRICT.
PHILLIPS LYTLE LLP, BUFFALO (KENNETH A. MANNING OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.
Now, upon reading and filing the stipulation of withdrawal and discontinuance of appeals and cross appeal signed by the attorneys for the parties and filed on February 22, 2005,
It is hereby ORDERED that said appeals and cross appeal be and the same hereby are unanimously dismissed without costs upon stipulation.
Entered: March 18, 2005
JoAnn M. Wahl
Clerk of the Court