Pardee v Ontario Exteriors, Inc.
2007 NY Slip Op 07111 [43 AD3d 1305]
September 28, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 7, 2007


Michael J. Pardee, Appellant, v Ontario Exteriors, Inc., et al., Respondents.

—[*1] The Palmiere Law Firm, Rochester (Norman Andrew Palmiere of counsel), for plaintiff-appellant.

Petrone & Petrone, P.C., Syracuse (David H. Walsh, IV, of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered October 16, 2006 in a personal injury action. The order denied plaintiff's motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240 (1).

Now, upon the stipulation discontinuing action signed by the attorneys for the parties and filed in the Monroe County Clerk's Office on August 13, 2007,

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