Schonwalder v Turner Constr. Co.
2008 NY Slip Op 07725 [55 AD3d 1425]
October 10, 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


William Schonwalder, Respondent-Appellant, v Turner Construction Company et al., Appellants-Respondents.

—[*1] Harrington, Ocko & Monk, LLP, White Plains (I. Paul Howansky of counsel), for defendants-appellants-respondents.

Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for plaintiff-respondent-appellant.

Appeal and cross appeal from an amended order of the Supreme Court, Erie County (John A. Michalek, J.), entered May 22, 2007. The amended order granted in part defendants' motion for summary judgment.

Now, upon reading and filing the stipulation withdrawing and discontinuing the appeal and cross appeal signed by the attorneys for the parties and filed October 8, 2008,

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