South Buffalo Elec., Inc. v Accadia Site Contr., Inc.
2011 NY Slip Op 04961 [85 AD3d 1652]
June 10, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 10, 2011


South Buffalo Electric, Inc., Appellant, v Accadia Site Contracting, Inc., et al., Respondents.

—[*1] Duke, Holzman, Photiadis & Gresens LLP, Buffalo (Howard E. Berger of counsel), for plaintiff-appellant.

Lipsitz Green Scime Cambria LLP, Buffalo (Joseph J. Manna of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered March 24, 2010 in a breach of contract action. The order denied plaintiff's motion for partial summary judgment and granted defendants' cross motion for partial summary judgment.

Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on March 18, 2011,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Centra, J.P., Peradotto, Lindley and Sconiers, JJ.