Lape v Goldbach
2010 NY Slip Op 06852 [77 AD3d 1304]
October 1, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 15, 2010


Holly Lape, Respondent, v William Goldbach et al., Appellants.

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

Campbell & Shelton LLP, Eden (R. Colin Campbell of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered August 5, 2009 in a personal injury action. The order granted the motion of plaintiff for partial summary judgment.

Now, upon reading and filing the stipulation of discontinuance of appeal signed by the attorneys for the parties on May 19, 2010,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Martoche, J.P., Centra, Carni, Lindley and Green, JJ.