| Corbett v Knopka |
| 2006 NY Slip Op 02065 [27 AD3d 1202] |
| Decided on March 17, 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 March 17, 2006
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., HURLBUTT, GORSKI, SMITH, AND PINE, JJ.
342 CA 05-02356
[*1]BEVERLY CORBETT, PLAINTIFF-RESPONDENT, ORDER
v
DAVID G. KNOPKA, DAVID ZOBRITS, INDIVIDUALLY AND DOING BUSINESS AS AWNINGS PLUS, WALLACE ROWELL, DEFENDANTS-RESPONDENTS, AND RANDY KRAUSER, DEFENDANT-APPELLANT. ———————————————————-- DAVID ZOBRITS, INDIVIDUALLY AND DOING BUSINESS AS AWNINGS PLUS, THIRD-PARTY PLAINTIFF-RESPONDENT, DAVID K. MILLER, THIRD-PARTY DEFENDANT-APPELLANT.
Appeals from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered May 17, 2005 in a personal injury action. The order, among other things, denied the motion of third-party defendant for summary judgment dismissing the third-party complaint.
HURWITZ & FINE, P.C., BUFFALO (SCOTT C. BILLMAN OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT.
WEBSTER SZANYI LLP, BUFFALO (KEVIN A. SZANYI OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
COHEN & LOMBARDO, P.C., BUFFALO (STUART B. SHAPIRO OF COUNSEL), FOR DEFENDANT-RESPONDENT DAVID G. KNOPKA.
O'NEILL, CANTWELL, FEELEY & BROWNELL, BUFFALO (EARL K. CANTWELL, II, OF COUNSEL), FOR DEFENDANT-RESPONDENT AND THIRD-PARTY PLAINTIFF-RESPONDENT.
LAW OFFICES OF JOSEPH D. CALLERY, SYRACUSE (JAMES C. BRADY OF COUNSEL), FOR DEFENDANT-APPELLANT.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on December 13, 2005,
It is hereby ORDERED that said appeals be and the same hereby are
[*2]
unanimously dismissed without costs upon stipulation.
Entered: March 17, 2006
JoAnn M. Wahl
Clerk of the Court