Hogan v Tritsch
2009 NY Slip Op 04605 [63 AD3d 1641]
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


Michael Hogan et al., Respondents, v George Tritsch, Appellant.

—[*1] Bouvier Partnership, LLP, Buffalo (John P. DePaolo of counsel), for defendant-appellant.

Siegel, Kelleher & Kahn, LLP, Buffalo (Robert D. Steinhaus of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered April 23, 2008 in a personal injury action. The order denied defendant's motion for summary judgment dismissing the complaint.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on April 2, 2009,

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