| Serafini v Post |
| 2005 NY Slip Op 03541 [17 AD3d 1173] |
| 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: HURLBUTT, J.P., SCUDDER, GORSKI, PINE, AND LAWTON, JJ.
597 CA 04-02924
[*1]MICHELLE SERAFINI, PLAINTIFF-RESPONDENT-APPELLANT, ORDER
v
CLIFFORD J. POST, DEFENDANT-APPELLANT-RESPONDENT.
Appeal and cross appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered April 22, 2004. The order denied defendant's motion for summary judgment dismissing the complaint and granted in part plaintiff's cross motion for partial summary judgment on the issue of negligence.
HURWITZ & FINE, P.C., BUFFALO (SCOTT C. BILLMAN OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.
PHILLIPS LYTLE LLP, BUFFALO (CRAIG A. LESLIE OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on March 9, 2005,
It is hereby ORDERED that said appeal and cross appeal be and the same hereby are unanimously dismissed without costs upon stipulation.
Entered: April 29, 2005
JoAnn M. Wahl
Clerk of the Court