Jacobi v Majewski
2008 NY Slip Op 00846 [48 AD3d 1101]
February 1, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 16, 2008


Jessica Jacobi, Respondent, v Jeremy R. Majewski, Defendant, and Salvatore Callea, Appellant.

—[*1] Kenney Shelton Liptak Nowak LLP, Buffalo (Patrick S. Kenney of counsel), for defendant-appellant.

Law Offices of James E. Morris, Buffalo (Kevin D. Brown of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered December 12, 2006 in a personal injury action. The order denied the motion of defendant Salvatore Callea for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on November 11, 2007,

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