Smith v Kohli
2009 NY Slip Op 04592 [63 AD3d 1630]
June 5, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 5, 2009


Brian J. Smith, Appellant, v Romesh K. Kohli, Respondent.

—[*1] Cantor, Lukasik, Dolce & Panepinto, P.C., Buffalo (Frank J. Dolce of counsel), for plaintiff-appellant.

Law Offices of Mary A. Bjork, Rochester (Thomas P. Durkin of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered July 1, 2008 in a personal injury action. The order, insofar as appealed from, denied the motion of plaintiff for partial summary judgment on the issue of serious injury.

Now, upon reading and filing the stipulation to withdraw appeal signed by the attorneys for the parties on May 11, 2009,

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