| Perry v De Veaux Servs., Inc. |
| 2005 NY Slip Op 03381 [17 AD3d 1174] |
| Decided on April 29, 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 April 29, 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.
392 CA 04-02640
[*1]SUSANNA J. PERRY, PLAINTIFF-RESPONDENT, ORDER
v
DE VEAUX SERVICES, INC., AND TOPS MARKETS, LLC, DEFENDANTS-APPELLANTS.
Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered June 18, 2004 in a personal injury action. The order denied defendants' motion for summary judgment.
GIBSON, MC ASKILL & CROSBY, LLP, BUFFALO (SHAMUS B. MULDERIG OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
GROSSMAN & CIVILETTO, NIAGARA FALLS (ERIC B. GROSSMAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on February 18, 2005 and filed in the Niagara County Clerk's office on February 28, 2005,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: April 29, 2005
JoAnn M. Wahl
Clerk of the Court