Larrabee v Koss
2008 NY Slip Op 08819 [56 AD3d 1170]
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


Yvonne Larrabee, Respondent, v Joseph M. Koss, Defendant, and Amy E. Pesta, Appellant.

—[*1] Bouvier Partnership, LLP, Buffalo (Norman E.S. Greene of counsel), for defendant-appellant.

Gross, Shuman, Brizdle & Gilfillan, P.C., Buffalo (Harry J. Forrest of counsel), for plaintiff-respondent.

Chelus, Herdzik, Speyer, Monte & Pajak, P.C., Buffalo (Michael J. Chmiel of counsel), for defendant.

Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered September 18, 2007 in a personal injury action. The order denied the cross motion of defendant Amy E. Pesta for summary judgment.

Now, upon the stipulation withdrawing appeal signed by the attorneys for the parties and filed in the Erie County Clerk's Office on July 15, 2008,

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