King v D.R. Chamberlain Corp.
2011 NY Slip Op 02154 [82 AD3d 1578]
March 25, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 11, 2011


Kevin M. King, Individually and as Administrator of the Estate of Sharon A. King, Deceased, Respondent-Appellant,
v
D.R. Chamberlain Corporation et al., Appellants-Respondents, et al., Defendants. (Appeal No. 1.)

—[*1] Kenney Shelton Liptak Nowak LLP, Buffalo (Maurice L. Sykes of counsel), for defendants-appellants-respondents.

John J. Fromen, Buffalo, for plaintiff-respondent-appellant.

Appeal and cross appeal from an order and judgment (one paper) of the Supreme Court, Erie County (Donna M. Siwek, J.), entered April 3, 2009 in a personal injury action. The order and judgment, among other things, granted plaintiff's cross motion for partial summary judgment and granted in part and denied in part the motion of defendants D.R. Chamberlain Corporation, Franklin G. Downing, F.G. Downing Development, Inc., doing business as Towne BMW, and F.G. Downing Towne Automotive Group for summary judgment.

Now, upon reading and filing the stipulation withdrawing appeals signed by the attorneys for the parties on March 17, 2011,

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