Powell v A & L, Inc.
2008 NY Slip Op 02316 [49 AD3d 1236]
March 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


Cynthia Powell, as Administrator of the Estate of John Daniel Pauley, Deceased, et al., Respondents,
v
A & L, Inc., et al., Respondents, and Central Locating Service, Ltd., Appellant.

—[*1] Lavin, O'Neil, Ricci, Cedrone & Disipio, New York City (Susan E. Satkowski of counsel), for defendant-appellant.

Cellino & Barnes, P.C., Buffalo (Richard J. Barnes of counsel), for plaintiff-respondent Cynthia Powell, as Administrator of the Estate of John Daniel Pauley, Deceased.

Duke, Holzman, Yaeger & Photiadis LLP, Buffalo (Charles C. Ritter, Jr., of counsel) and Cozen O'Connor, Philadephia, Pa. (Daniel J. Luccaro of counsel), for plaintiff-respondent National Grange Mutual Insurance Co., as Subrogee of Donald Pauley, John Pauley, William Wadsworth and Daryl Wadsworth.

Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLC, Buffalo (R. Anthony Rupp, III, of counsel), for defendant-respondent A & L, Inc.

Milber Makris Plousadis & Seiden, LLP, White Plains (James Plousadis of counsel) and Adam J. Pantano, Philadelphia, Pa., for defendant-respondent Benchley Contracting & Rental Corporation.

Appeal from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), entered July 20, 2007. The order, insofar as appealed from, denied the motion of defendant Central Locating Service, Ltd. for summary judgment dismissing the complaint and cross claims against it.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties,

It is hereby ordered that said appeal is unanimously dismissed [*2]without costs upon stipulation. Present—Scudder, P.J., Hurlbutt, Lunn, Pine and Gorski, JJ.