Lorenz v Village of Depew
2011 NY Slip Op 04964 [85 AD3d 1654]
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


Timothy Lorenz et al., Respondents, v Village of Depew et al., Defendants, and Adelphia Cable Communications, Appellant/Third-Party Plaintiff. Phasecom America, Inc., et al., Third-Party Defendants.

—[*1] Webster Szanyi LLP, Buffalo (Mark C. Davis of counsel), for defendant-appellant.

Paul William Beltz, P.C., Buffalo (Brian R. Hogan of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered June 10, 2008. The order, inter alia, granted that part of plaintiffs' motion seeking summary judgment on liability pursuant to Labor Law § 240 (1) against defendant Adelphia Cable Communications.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties and filed on May 26, 2011,

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