Stiglmeier v DTE Tonawanda LLC
2008 NY Slip Op 05208 [52 AD3d 1260] [52 AD3d 1260]
June 6, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


Charles Stiglmeier et al., Plaintiffs, v DTE Tonawanda LLC, Respondent, and G & J Contracting, Appellant.

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

Hodgson Russ LLP, Buffalo (Ryan Lucinski of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered July 16, 2007 in a personal injury action. The order, insofar as appealed from, granted that part of the cross motion of defendant DTE Tonawanda LLC for summary judgment seeking contractual indemnification from defendant G & J Contracting.

Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on May 15, 2008,

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