Balcom v HSBC Bank USA (2007 NY Slip Op 07229)

Balcom v HSBC Bank USA

2007 NY Slip Op 07229 [43 AD3d 1417]

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

Rosann Balcom et al., Appellants, v HSBC Bank USA et al., Respondents.

—[*1] Herschel Gelber, LLC, Amherst (Herschel Gelber of counsel), for plaintiffs-appellants.

Damon & Morey LLP, Buffalo (Hedwig M. Auletta of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered June 15, 2006 in a personal injury action. The order granted defendants' motion for summary judgment dismissing the complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on June 14, 2007,

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