Thompson v Sunny Knoll Farms, LLP (2007 NY Slip Op 02277)

Thompson v Sunny Knoll Farms, LLP

2007 NY Slip Op 02277 [38 AD3d 1287]

March 16, 2007

Appellate Division, Fourth Department

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

As corrected through Wednesday, May 9, 2007

John E. Thompson, Appellant,
v
Sunny Knoll Farms, LLP, Respondent.

—[*1] The Dietrich Law Firm, Buffalo (Joseph E. Dietrich, III, of counsel), for plaintiff-appellant.

Hurwitz & Fine, P.C., Buffalo (Michael F. Perley of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered February 6, 2006 in a personal injury action. The order, insofar as appealed from, denied plaintiff's cross motion for partial summary judgment and granted in part defendant's cross motion for summary judgment.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on December 7, 2006, and filed in the Wyoming County Clerk's Office on December 18, 2006,

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