| Stubbs v Buffalo Harley-davidson Motorcycles, Inc. |
| 2005 NY Slip Op 04735 [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: KEHOE, J.P., GORSKI, SMITH, PINE, AND HAYES, JJ.
620 CA 05-00234
[*1]JESSE F. STUBBS AND NISAA AZEEM, PLAINTIFFS-RESPONDENTS, ORDER
v
BUFFALO HARLEY-DAVIDSON MOTORCYCLES, INC., DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered January 25, 2005. The order, insofar as appealed from, upon renewal, denied defendant's motion for summary judgment dismissing the complaint.
GOLDBERG SEGALLA LLP, BUFFALO (ALBERT J. D'AQUINO OF COUNSEL), FOR DEFENDANT-APPELLANT.
CANTOR, LUKASIK, DOLCE & PANEPINTO, P.C., BUFFALO (MARK H. CANTOR OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
Now, upon the stipulation withdrawing the appeal that was signed by the attorneys for the parties on May 9, 2005 and filed in the Erie County Clerk's Office on May 26, 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