| Thagard v Can Am Rapid Courier, Inc. |
| 2005 NY Slip Op 09967 [24 AD3d 1326] |
| Decided on December 22, 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 December 22, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: KEHOE, J.P., GORSKI, SMITH, PINE, AND HAYES, JJ.
1602.1 CA 04-02891
[*1]KENNETH THAGARD, PLAINTIFF-RESPONDENT, ORDER
v
CAN AM RAPID COURIER, INC., DEFENDANT-RESPONDENT-APPELLANT, PCC MANAGEMENT, INC., DEFENDANT-APPELLANT-RESPONDENT, AIRBORNE EXPRESS AND ANTHONY DIAZ, DEFENDANTS-APPELLANTS.
Appeals from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered May 19, 2004 in a personal injury action. The order, inter alia, denied that part of the motion of defendant PCC Management, Inc., for summary judgment on its indemnification claim against defendant Can Am Rapid Courier, Inc.
GIBSON, MC ASKILL & CROSBY, LLP, BUFFALO (NORMAN B. VITI, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.
PETRONE & PETRONE, P.C., ROCHESTER (ELIZABETH C. CLARKE OF COUNSEL), FOR DEFENDANT-APPELLANT AIRBORNE EXPRESS.
COLUCCI & GALLAHER, P.C., BUFFALO (PAUL G. JOYCE OF COUNSEL), FOR DEFENDANT-APPELLANT ANTHONY DIAZ AND DEFENDANT-RESPONDENT-APPELLANT.
FEUERSTEIN & SMITH, LLP, BUFFALO, THE BALLOW LAW FIRM, BUFFALO (MARK E. GUGLIELMI OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Now, upon reading and filing the stipulation to withdraw appeals signed by the attorneys for the parties and filed on December 9, 2005,
It is hereby ORDERED that said appeals be and the same hereby are unanimously dismissed without costs upon stipulation.
Entered: December 22, 2005
JoAnn M. Wahl
Clerk of the Court