| Scholze v Washington |
| 2005 NY Slip Op 05629 [20 AD3d 945] |
| Decided on July 1, 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 July 1, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., HURLBUTT, KEHOE, MARTOCHE, AND SMITH, JJ.
623 CA 04-03108
[*1]LAURIE M. SCHOLZE, PLAINTIFF-RESPONDENT, ORDER
v
MICHAEL J. WASHINGTON AND IVY LEA CONSTRUCTION, INC., DEFENDANTS-APPELLANTS.
Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered March 17, 2004. The order granted plaintiff's motion for partial summary judgment in a personal injury action.
GIBSON, MC ASKILL & CROSBY, LLP, BUFFALO (NORMAN B. VITI, JR., OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
O'BRIEN BOYD, P.C., BUFFALO (CHRISTOPHER J. O'BRIEN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Now, upon reading and filing the stipulation to withdraw appeal signed by the attorneys for the parties on April 26, 2005,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: July 1, 2005
JoAnn M. Wahl
Clerk of the Court