Hausbeck v East Aurora Med. Bldg., L.P.
2008 NY Slip Op 07293 [55 AD3d 1257]
October 3, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 10, 2008


Paul Hausbeck et al., Respondents, v East Aurora Medical Building, L.P., Appellant and Third-Party Plaintiff-Respondent. Ed Dodge, Doing Business as Ed Dodge Painting Company, Third-Party Defendant-Appellant.

—[*1] Chelus, Herdzik, Speyer & Monte, P.C., Buffalo (Scott R. Orndoff of counsel), for defendant-appellant and third-party plaintiff-respondent.

Kenney Shelton Liptak Nowak LLP, Buffalo (Thomas J. Cannavo of counsel), for third-party defendant-appellant.

Lipsitz Green Scime Cambria LLP, Buffalo (David G. Henry of counsel), for plaintiffs-respondents.

Appeals from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered November 19, 2007 in a personal injury action. The order denied the motions of defendant and third-party defendant for summary judgment.

Now, upon the stipulation of discontinuance of appeals signed by the attorneys for the parties on June 13, 2008 and filed in the Erie County Clerk's Office on June 26, 2008,

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