King v D.R. Chamberlain Corp.
2011 NY Slip Op 02157 [82 AD3d 1581]
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,
v
D.R. Chamberlain Corporation et al., Appellants, et al., Defendants. (Appeal No. 2.)

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

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

Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered November 10, 2009 in a personal injury action. The order, among other things, 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 to compel plaintiff to submit to further depositions pursuant to CPLR 3124.

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

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