Conrad v Kipphut & Neumann Co., Inc.
2008 NY Slip Op 08782 [56 AD3d 1133]
November 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 7, 2009


Nancy Conrad et al., Respondents-Appellants, v Kipphut & Neumann Company, Inc., Appellant-Respondent.

—[*1] Damon & Morey LLP, Buffalo (Michael J. Willett of counsel), for defendant-appellant-respondent.

Andrews, Bernstein & Maranto, LLP, Buffalo (Robert J. Maranto, Jr., of counsel), for plaintiffs-respondents-appellants.

Appeal and cross appeal from a judgment (denominated order and judgment) of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered April 11, 2007. The judgment, among other things, awarded plaintiffs the sum of $2,497,081 against defendant following a jury trial.

Now, upon reading and filing the stipulation discontinuing the appeal and cross appeal signed by the attorneys for the parties and filed October 30, 2008,

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