Williams v NVR, Inc.
2007 NY Slip Op 08531 [45 AD3d 1318]
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


Robert T. Williams, Jr., et al., Respondents, v NVR, Inc., Doing Business as Ryan Homes of New York, Appellant.

—[*1] Damon & Morey LLP, Buffalo (Joseph W. Dunbar of counsel), for defendant-appellant.

Brown Chiari LLP, Lancaster (James E. Brown of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered March 6, 2007 in a personal injury action. The order, insofar as appealed from, granted plaintiffs' motion for partial summary judgment on the issue of liability and denied in part defendant's cross motion for summary judgment dismissing the complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 10, 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, Fahey and Pine, JJ.