Greenert v Sales Assoc. of WNY, LLC
2013 NY Slip Op 07281 [111 AD3d 1241]
November 8, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 25, 2013


Todd R. Greenert, Respondent, v Sales Associates of WNY, LLC, et al., Appellants, et al., Defendants. (Appeal No. 2.)

—[*1] Kenney Shelton Liptak Nowak LLP, Buffalo (Melissa A. Foti of counsel), for defendant-appellant the Barden & Robeson Corp.

Augello & Matteliano, LLP, Buffalo (Joseph A. Matteliano of counsel), for defendant-appellant Sales Associates of Wny, LLC.

Chiacchia & Fleming, LLP, Hamburg (Daniel J. Chiacchia of counsel), for plaintiff-respondent.

Appeals from an order of the Supreme Court, Erie County (John F. O'Donnell, J.), entered February 16, 2012. The order granted plaintiff's motion for partial summary judgment on the issue of liability against defendants Sales Associates of WNY, LLC and The Barden & Robeson Corp.

Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on October 16, 2013,

It is hereby ordered that said appeals are unanimously dismissed without costs upon stipulation.

All concur except Martoche, J., who is not participating. Present—Smith, J.P., Peradotto, Carni, Valentino and Martoche, JJ.