Perry v Eastman Kodak Co. (2006 NY Slip Op 09827)

Perry v Eastman Kodak Co.

2006 NY Slip Op 09827 [35 AD3d 1223]

December 22, 2006

Appellate Division, Fourth Department

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

As corrected through Wednesday, February 14, 2007

Ammon R. Perry, Plaintiff, v Eastman Kodak Company, Defendant, and Nortel Networks, Inc., Respondent. Eastman Kodak Company, Third-Party Plaintiff-Respondent,
v
Ambassador Communications, Inc., Third-Party Defendant-Appellant.

—[*1]Appeal from an order of the Supreme Court, Monroe County (David D. Egan, J.), entered November 9, 2005. The order, among other things, denied the cross motion of third-party defendant for summary judgment dismissing the third-party complaint.

Now, upon the stipulation discontinuing action signed by the attorneys for the parties and filed in the Monroe County Clerk's Office on December 7, 2006,

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