Wronski v Einach (2011 NY Slip Op 09715)

Wronski v Einach

2011 NY Slip Op 09715 [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., Respondents, v Judith Einach et al., Defendants, and Nicholas Boron et al., Appellants. (Action No. 1.) Thomas S. Wronski, as Parent and Natural Guardian of Victoria Wronski, an Infant, Respondent,
v
Nicholas Boron et al., Appellants, et al., Defendant. (Action No. 2.) (Appeal No. 3.)

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

Jackson & Balkin, Lockport (Patrick M. Balkin of counsel), for plaintiff-respondent Thomas S. Wronski, as Parent and Natural Guardian of Victoria Wronski, an Infant.

O'BrienBoyd, P.C., Williamsville (Christopher J. O'Brien of counsel), for plaintiffs-respondents Lucia C. Wronski and Thomas S. Wronski.

Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered January 27, 2011 in a personal injury action. The order, insofar as appealed from, denied in part the motion of defendants Nicholas Boron and Deborah M. Boron for summary judgment.

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.