| Bigaj v Berdych |
| 2005 NY Slip Op 07185 [21 AD3d 1443] |
| 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: HURLBUTT, J.P., SCUDDER, KEHOE, MARTOCHE, AND HAYES, JJ.
1135 CA 05-00568
[*1]RAYMOND J. BIGAJ, SR. AND BARBARA BIGAJ, PLAINTIFFS-RESPONDENTS-APPELLANTS, ORDER
v
MICHAEL BERDYCH, ET AL., DEFENDANTS, CHRIS URBANCZYK, CONSOLIDATED RAIL CORPORATION, NORFOLK SOUTHERN RAILWAY COMPANY, DEFENDANTS-APPELLANTS, AND CITY OF LACKAWANNA, DEFENDANT-RESPONDENT.
Appeals and cross appeal from an order of the Supreme Court, Erie County (David J. Mahoney, J.), entered May 26, 2004 in a personal injury action. The order, inter alia, granted the cross motion of defendant City of Lackawanna for summary judgment dismissing the second amended complaint and cross claims against it.
O'SHEA, REYNOLDS & CUMMINGS, BUFFALO (MICHELLE PARKER OF COUNSEL), FOR DEFENDANT-APPELLANT CHRIS URBANCZYK.
GOLDBERG SEGALLA LLP, BUFFALO (PAUL D. MC CORMICK OF COUNSEL), FOR DEFENDANTS-APPELLANTS CONSOLIDATED RAIL CORPORATION AND NORFOLK SOUTHERN RAILWAY COMPANY.
LAW OFFICES OF EUGENE C. TENNEY, BUFFALO (BOYD L. EARL OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS-APPELLANTS.
LAW OFFICE OF JAMES E. MORRIS, BUFFALO (KEVIN D. BROWN OF COUNSEL), FOR DEFENDANT-RESPONDENT.
RUPP, BAASE, PFALZGRAF, CUNNINGHAM & COPPOLA, LLC, BUFFALO (THOMAS P. CUNNINGHAM OF COUNSEL), FOR DEFENDANT MICHAEL BERDYCH.
Now, upon the stipulation of discontinuance of the action against defendants Michael Berdych, Chris Urbanczyk, Consolidated Rail Corporation and Norfolk Southern Railway Company, signed by the attorneys for plaintiffs and said defendants on June 2, 3, 6 and 7, 2005 and filed in the Erie County Clerk's Office on June 15, 2005,
It is hereby ORDERED that said appeals be and the same hereby are unanimously dismissed upon stipulation and the order is affirmed
without costs.
[*2]
Entered: September 30, 2005
JoAnn M. Wahl
Clerk of the Court