Watkins v Capretto Enters., Inc. (2006 NY Slip Op 08379)

Watkins v Capretto Enters., Inc.

2006 NY Slip Op 08379 [34 AD3d 1216]

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 Watkins, Respondent, v Capretto Enterprises, Inc., Appellant and Third-Party Plaintiff. Besroi Construction Corporation, Third-Party Defendant-Appellant.

—[*1]Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered October 7, 2005 in a personal injury action. The order, insofar as appealed from, granted plaintiff's motion for partial summary judgment on liability under Labor Law § 240 (1) and denied third-party defendant's cross motion for summary judgment dismissing the complaint and third-party complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 26 and 30, 2006,

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation. Present—Kehoe, J.P., Gorski, Martoche, Smith and Pine, JJ.