Kiley v Greenfield Manor, Inc. (2011 NY Slip Op 00875)

Kiley v Greenfield Manor, Inc.

2011 NY Slip Op 00875 [81 AD3d 1303]

February 10, 2011

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, March 30, 2011

Frank W. Kiley, III, Respondent, v Greenfield Manor, Inc., et al., Appellants.

—[*1] Kenney Shelton Liptak Nowak LLP, Buffalo (Wendy A. Scott of counsel), for defendants-appellants.

Lewis & Lewis, P.C., Buffalo (Allan M. Lewis of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered May 3, 2010 in a personal injury action. The order, insofar as appealed from, denied the motion of defendants for summary judgment dismissing plaintiff's Labor Law § 241 (6) cause of action insofar as it is based upon a violation of 12 NYCRR 23-1.8 (c) (1).

Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on December 6, 2010,

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