Sherk v Lehigh Constr. Group, Inc.
2011 NY Slip Op 02295 [82 AD3d 1696]
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


John R. Sherk, Appellant,
v
Lehigh Construction Group, Inc., et al., Respondents. Lehigh Construction Group, Inc., Third-Party Plaintiff-Respondent, v Lancet-Arch, Inc., Third-Party Defendant-Respondent.

—[*1] Gross, Shuman, Brizdle & Gilfillan, P.C., Buffalo (Howard B. Cohen of counsel), for plaintiff-appellant.

Brown & Kelly, LLP, Buffalo (Donald B. Eppers of counsel), for defendants-respondents and third-party plaintiff-respondent.

Feldman Kieffer, LLP, Buffalo (Adam C. Ferrandino of counsel), for third-party defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered November 13, 2009 in a personal injury action. The order, insofar as appealed from, denied the motion of plaintiff for partial summary judgment pursuant to Labor Law § 240 (1).

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 22, 2011,

It is hereby ordered that said appeal is dismissed without costs upon stipulation.

All concur except Pine, J., who is not participating. Present—Scudder, P.J., Centra, Peradotto, Sconiers and Pine, JJ.