Wronski v Einach
2011 NY Slip Op 09713 [90 AD3d 1647]
December 30, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 1, 2012


Lucia C. Wronski et al., Plaintiffs, v Judith Einach, Defendant, Nicholas Boron et al., Appellants, and Rosemary M. Miller, Respondent. (Action No. 1.) Thomas S. Wronski, as Parent and Natural Guardian of Victoria Wronski, an Infant, Plaintiff,
v
Nicholas Boron et al., Appellants, and Rosemary M. Miller, Respondent. (Action No. 2.) (Appeal No. 1.)

—[*1] Chelus, Herdzik, Speyer & Monte, P.C., Buffalo (Thomas P. Kawalec of counsel), for defendants-appellants. Kenney Shelton Liptak Nowak LLP, Buffalo (James J. Duggan of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), dated November 3, 2010 in a personal injury action. The order, insofar as appealed from, granted the motion of defendant Rosemary M. Miller for summary judgment dismissing the complaints against her.

Now, upon reading and filing the stipulation of discontinuance of appeal signed by the attorneys for the parties on December 13, 2011,

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