Rutherford v Spencer Speedway, Inc.
2012 NY Slip Op 05465 [97 AD3d 1146]
July 6, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 22, 2012


Kirk Rutherford, Respondent, v Spencer Speedway, Inc. et al., Appellants.

—[*1] Damon Morey LLP, Buffalo (Michael E. Appelbaum of counsel), for defendants-appellants.

Lipsitz Green Scime Cambria LLP, Buffalo (Michael P. Stuermer of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered July 6, 2011 in a personal injury action. The order denied the motion of defendants for summary judgment dismissing the complaint.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on June 7 and 8, 2012 and filed in the Niagara County Clerk's Office on June 25, 2012,

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