Kwaizer v Sitarski
2011 NY Slip Op 08035 [89 AD3d 1463]
November 10, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 4th, 2012


Nicole M. Kwaizer, Respondent, v Joy M. Sitarski et al., Appellants, et al., Defendant.

—[*1] Damon Morey LLP, Buffalo (Amy Archer Flaherty of counsel), for defendants-appellants.

Friedman & Ranzenhofer P.C., Akron (Michael H. Ranzenhofer of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered August 25, 2010 in a personal injury action. The order denied the motion of defendants Joy M. Sitarski, Carrie L. Sitarski, Seneca-Babcock Community Association, Inc., and Buffalo Panther Cheerleaders for summary judgment dismissing the complaint.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on October 17 and 21, 2011,

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