Rak v Country Fair, Inc.
2009 NY Slip Op 02034 [60 AD3d 1307]
March 20, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2009


Carolyn Rak, Individually and as Parent and Natural Guardian of Tyler Haley, an Infant, Respondent, v Country Fair, Inc., et al., Appellants, et al., Defendant.

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

Farrell & Farrell, Hamburg (Kenneth J. Farrell of counsel), for plaintiff-respondent.

Appeal from a judgment of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered November 21, 2007 in a personal injury action. The judgment was entered upon a finding of liability against defendants Country Fair, Inc., Prime Realty, Inc. and Prime Realty II, Inc. after a jury trial.

Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on March 9, 2009,

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