Marshall v American Sales Co., Inc.
2008 NY Slip Op 08934 [56 AD3d 1238]
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


Sabrina Marshall, Respondent, v American Sales Company, Inc., Appellant.

—[*1] Dixon & Hamilton, LLP, Getzville (Dennis P. Hamilton of counsel), for defendant-appellant.

Robert H. Perk, Buffalo, for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered January 7, 2008 in a personal injury action. The order, insofar as appealed from, denied in part defendant's motion for summary judgment and granted plaintiff's cross motion for partial summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on August 1 and 6, 2008,

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