Burnett v Columbus McKinnon Corp.
2010 NY Slip Op 07214 [77 AD3d 1466]
October 8, 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


Doug Burnett et al., Respondents, v Columbus McKinnon Corporation, Appellant.

—[*1] Amigone, Sanchez, Mattrey & Marshall, LLP, Buffalo (Richard A. Clack of counsel), for defendant-appellant. Hovde Dassow & Deets LLC, Indianapolis, Indiana (Nicholas C. Deets of counsel), for plaintiffs-respondents. Matthiesen Wickert Lehrer, S.C., Hartford, Wisconsin (Gary L. Wickert of counsel), for Intervenor Frankenmuth Mutual Insurance Company.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered August 18, 2009. The order, insofar as appealed from, denied in part the motion of defendant for summary judgment.

Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on September 8, 2010,

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