Waleski v City of Syracuse (2011 NY Slip Op 00902)

Waleski v City of Syracuse

2011 NY Slip Op 00902 [81 AD3d 1320]

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

Jean M. Waleski, Respondent, v City of Syracuse et al., Appellants. (Appeal No. 2.)

—[*1] Juanita Perez Williams, Corporation Counsel, Syracuse (Nancy J. Larson of counsel), for defendants-appellants.

Sidney P. Cominsky Trial Lawyers, LLC, Syracuse (Sidney P. Cominsky of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered April 2, 2010 in a personal injury action. The order, insofar as appealed from, denied the cross motion of defendants to bifurcate the liability and damages phases of trial.

Now, upon reading and filing the stipulation of discontinuance of appeal signed by the attorneys for the parties on December 21, 2010,

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