Pellam v Doughty
2009 NY Slip Op 06971 [66 AD3d 1407]
October 2, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 9, 2009


Dawn M. Pellam, Respondent, v Timothy Doughty et al., Defendants, and Stroehmann Bakeries, L.C., et al., Appellants.

—[*1] Hagelin Kent LLC, Buffalo (Michael T. Hagelin of counsel), for defendants-appellants.

Brown Chiari LLP, Lancaster (Bradley D. Marble of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered October 30, 2008 in a personal injury action. The order denied the motion of defendants Stroehmann Bakeries, L.C., George Weston Bakeries, Inc., and George Weston Limited to dismiss the complaint against them for failure to state a cause of action.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on May 11, 2009 and filed in the Erie County Clerk's Office on May 22, 2009,

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