Prentice v Nickerson
2012 NY Slip Op 01044 [92 AD3d 1250]
February 10, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 28, 2012


William C. Prentice, Respondent-Appellant,
v
Royal Nickerson, Respondent-Respondent, and Nornew, Inc., et al., Appellants-Respondents.

—[*1] Goldberg Segalla, LLP, Albany (Matthew S. Lerner of counsel), for defendants-appellants-respondents.

Dwyer, Black & Lyle, LLP, Olean (Jeffrey A. Black of counsel), for plaintiff-respondent-appellant. Walsh, Roberts & Grace, Buffalo (Thomas E. Roberts of counsel), for defendant-respondent-respondent.

Appeal and cross appeal from an order of the Supreme Court, Allegany County (Thomas P. Brown, A.J.), entered September 29, 2010. The order, among other things, granted plaintiff's motion for partial summary judgment, granted defendant Royal Nickerson's motion for summary judgment on its cross claim for common-law indemnification and granted in part the cross motion of defendants Nornew, Inc. and Norse Energy Corp. for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on January 3, 4 and 19, 2012,

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