Sagert v Garden (2006 NY Slip Op 08364)

Sagert v Garden

2006 NY Slip Op 08364 [34 AD3d 1194]

November 17, 2006

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, January 17, 2007

Michael J. Sagert, Respondent, v Vincent Garden et al., Appellants.

—[*1]Appeal from an order of the Supreme Court, Onondaga County (Edward D. Carni, J.), entered August 18, 2005 in a personal injury action. The order denied defendants' motion for summary judgment dismissing the complaint.

Now, upon reading the stipulation of discontinuance of action signed by the attorneys for the parties and filed in the Onondaga County Clerk's Office on September 11, 2006,

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation. Present—Hurlbutt, J.P., Scudder, Gorski and Green, JJ.