Kenworth of Buffalo, NY, Inc. v Hydroacoustics, Inc.
2011 NY Slip Op 05745 [86 AD3d 911]
July 1, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 31, 2011


Kenworth of Buffalo, NY, Inc., Respondent, v Hydroacoustics, Inc., Respondent/Third-Party Plaintiff-Respondent,
v
Anthony J. Costello & Son (Max) Development, LLC, Third-Party Defendant-Appellant.

—[*1] Stephen E. Hall, Rochester, for third-party defendant-appellant.

Gross, Shuman, Brizdle & Gilfillan, P.C., Buffalo (Hugh C. Carlin of counsel), for plaintiff-respondent. Underberg & Kessler LLP, Buffalo (Colin D. Ramsey of counsel), for defendant-respondent and third-party plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered March 31, 2010. The order, inter alia, denied the motion of third-party defendant for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on June 10, 2011,

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