| Rosen v Nygren Dahly Co. |
| 2005 NY Slip Op 04705 [19 AD3d 1183] |
| Decided on June 10, 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 June 10, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: GREEN, J.P., SCUDDER, GORSKI, PINE, AND LAWTON, JJ.
443 CA 04-02996
[*1]JO ANN ROSEN, PLAINTIFF-RESPONDENT, ORDER
v
NYGREN DAHLY CO., ET AL., DEFENDANTS. ———————————————————————— NYGREN DAHLY CO., BAUMFOLDER CORPORATION AND BAUM USA, THIRD-PARTY PLAINTIFFS-RESPONDENTS, FLOWER CITY PRINTING, INC., THIRD-PARTY DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Monroe County (Andrew V. Siracuse, J.), entered October 15, 2004. The order denied the motion of third-party defendant for summary judgment dismissing the third-party complaint.
OSBORN, REED & BURKE, LLP, ROCHESTER (JEFFREY M. WILKENS OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT.
PHILLIPS LYTLE, LLP, ROCHESTER (MICHAEL R. LAW OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
HISCOCK & BARCLAY, LLP, ROCHESTER (THOMAS B. CRONMILLER OF COUNSEL), FOR THIRD-PARTY PLAINTIFFS-RESPONDENTS.
Now, upon reading and filing the stipulation discontinuing the appeal signed by the attorneys for the parties on May 4 and 6, 2005,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: June 10, 2005
JoAnn M. Wahl
Clerk of the Court