Marita Car Rentals v General Star Mgt. Co.
2011 NY Slip Op 02193 [82 AD3d 1629]
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


Marita Car Rentals, Doing Business as Budget Rent-A-Car, Respondent, v General Star Management Company et al., Defendants, and Damon & Morey, LLP, Appellant.

—[*1] Connors & Vilardo, LLP, Buffalo (Randall D. White of counsel), for defendant-appellant.

Phillips Lytle LLP, Buffalo (William J. Brennan of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered September 3, 2009. The order denied the motion of defendant Damon & Morey, LLP to dismiss the supplemental amended complaint.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on February 24, 2011,

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