Caffery v Time Warner Cable, Inc.
2013 NY Slip Op 02891 [105 AD3d 1384]
April 26, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 29, 2013


William V. Caffery, Appellant, v Time Warner Cable, Inc., Respondent.

—[*1] Lewis & Lewis, P.C., Buffalo (Allan M. Lewis of counsel), for plaintiff-appellant.

Goldberg Segalla LLP, Buffalo (Dennis P. Glascott of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered May 1, 2012. The order denied the motion of plaintiff for summary judgment on the issue of liability pursuant to Labor Law § 240 (1).

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Fahey, Sconiers, Valentino and Whalen, JJ.