Williams v Delta Sonic Car Wash Sys., Inc. (2011 NY Slip Op 06725)

Williams v Delta Sonic Car Wash Sys., Inc.

2011 NY Slip Op 06725 [87 AD3d 1328]

September 30, 2011

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, November 9, 2011

Wendy Williams, Respondent, v Delta Sonic Car Wash Systems, Inc., et al., Appellants.

—[*1] Kenney Shelton Liptak Nowak LLP, Buffalo (Thomas E. Liptak of counsel), for defendants-appellants.

The Law Office of Mark D. Grossman, Niagara Falls (Mark D. Grossman of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered August 10, 2010 in a personal injury action. The order denied the motion of defendants for summary judgment dismissing the complaint.

Now, upon the stipulations of discontinuance signed by the attorneys for the parties on July 7, 2011, and filed in the Niagara County Clerk's Office on September 14, 2011,

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