Hilts v Wal-Mart Stores, Inc. (2007 NY Slip Op 08525)

Hilts v Wal-Mart Stores, Inc.

2007 NY Slip Op 08525 [45 AD3d 1313]

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

Richard A. Hilts, Respondent, v Wal-Mart Stores, Inc., Appellant.

—[*1] O'Connor, O'Connor, Bresee & First, P.C., Albany (Eugene N. Sarfoh of counsel), for defendant-appellant.

Michael A. Castle, Herkimer, for plaintiff-respondent.

Appeal from an order of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered September 14, 2006 in a personal injury action. The order granted plaintiff's motion for partial summary judgment on the issue of liability.

Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on September 18 and 20, 2007,

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