Leonard v Hiawatha Realty Corp. (2007 NY Slip Op 08486)

Leonard v Hiawatha Realty Corp.

2007 NY Slip Op 08486 [45 AD3d 1249]

November 9, 2007

Appellate Division, Fourth Department

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

As corrected through Wednesday, January 16, 2008

Mary E. Leonard, as United States Trustee for United States Bankruptcy Court, Northern District of New York, for Robert L. Myricks and Another, Debtor Case No. 04-60810, by Alexander & Catalano, LLC, as Special Counsel to United States Trustee, Respondent, v Hiawatha Realty Corp. et al., Appellants.

—[*1] Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Patrick B. Sardino of counsel), for defendants-appellants.

Alexander & Catalano, LLC, Syracuse (Peter J. Addonizio of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered September 23, 2005 in a personal injury action. The order denied defendants' motion for, inter alia, summary judgment dismissing the amended complaint and granted plaintiff's cross motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240 (1).

Now, upon the stipulation discontinuing action with prejudice signed by the attorneys for the parties on September 21 and 26, 2007 and filed in the Onondaga County Clerk's Office on October 5, 2007,

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Hurlbutt, Lunn, Green and Pine, JJ. [See 9 Misc 3d 1104(A), 2005 NY Slip Op 51399(U) (2005).]