| Fennell v Kleen All of Am., Inc. |
| 2006 NY Slip Op 00730 [26 AD3d 902] |
| Decided on February 3, 2006 |
| 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 February 3, 2006
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: HURLBUTT, J.P., SCUDDER, GORSKI, GREEN, AND HAYES, JJ.
35CA 05-02051
[*1]MICHAEL A. FENNELL AND LILLIAN P. FENNELL, PLAINTIFFS-RESPONDENTS, ORDER
v
KLEEN ALL OF AMERICA, INC., CIMINELLI- COWPER, CO., INC., AND COUNTY OF ERIE, DEFENDANTS-APPELLANTS.
Appeal from an order of the Supreme Court, Erie County (Nelson H. Cosgrove, J.), entered December 17, 2004 in a personal injury action. The order, insofar as appealed from, granted plaintiffs' motion for partial summary judgment on the Labor Law § 240 (1) claim.
DAMON & MOREY LLP, BUFFALO (THOMAS J. DRURY OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
COLLINS & MAXWELL, LLP, BUFFALO (WILLIAM D. MURPHY OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on Jauuary 24, 2006,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: February 3, 2006
JoAnn M. Wahl
Clerk of the Court