Baron v Klewin Bldg. Co., Inc.
2009 NY Slip Op 00876 [59 AD3d 1013]
February 6, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 1, 2009


Richard Baron et al., Respondents,
v
Klewin Building Company, Inc., Appellant..

—[*1] Damon & Morey LLP, Buffalo (Vincent G. Saccomando of counsel), for defendant-appellant.

Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered August 12, 2008 in a personal injury action. The order, insofar as appealed from, denied in part defendant's motion for summary judgment and granted the motion of plaintiffs for leave to amend their bill of particulars.

Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on January 7, 2009,

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