| Mc Carthy v Innex Indus., Inc. |
| 2005 NY Slip Op 07100 [21 AD3d 1441] |
| Decided on September 30, 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 September 30, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GORSKI, MARTOCHE, PINE, AND LAWTON, JJ.
1036 CA 05-00637
[*1]JAMES MC CARTHY, PLAINTIFF-APPELLANT, ORDER
v
INNEX INDUSTRIES, INC., DEFENDANT-RESPONDENT, ET AL., DEFENDANT.
Appeal from an order of the Supreme Court, Monroe County (Andrew V. Siracuse, J.), entered October 19, 2004 in a personal injury action. The order granted the motion of defendant Innex Industries, Inc. for summary judgment dismissing the complaint against it and denied plaintiff's cross motion for partial summary judgment on the issue of liability.
MICHAEL STEINBERG, ROCHESTER, FOR PLAINTIFF-APPELLANT.
GROSSO MARTINEZ & MC CARTHY, ROCHESTER (RAUL MARTINEZ OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Now, upon reading and filing the stipulation of discontinuance of appeal signed by the attorneys for the parties on September 9, 2005,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: September 30, 2005
JoAnn M. Wahl
Clerk of the Court