Wronski v Einach (2011 NY Slip Op 09714)

Wronski v Einach

2011 NY Slip Op 09714 [90 AD3d 1648]

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, Respondent, and Nicholas Boron et al., Appellants, et al., Defendant. (Appeal No. 2.)

—[*1] Chelus, Herdzik, Speyer & Monte, P.C., Buffalo (Thomas P. Kawalec of counsel), for defendants-appellants.

Law Office of Daniel R. Archilla, Buffalo (Shauna L. Strom of counsel), for defendant-respondent.

Appeal from an order and judgment (one paper) of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered December 6, 2010 in a personal injury action. The order and judgment granted the cross motion of defendant Judith Einach for summary judgment dismissing the complaint and all cross claims 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.