Coleman v 1093 Group, LLC
2014 NY Slip Op 00779 [114 AD3d 1157]
February 7, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 26, 2014


Paul Coleman, Respondent, v 1093 Group, LLC, et al., Respondents and Third-Party Plaintiffs-Respondents. Solvay Iron Works, Inc., Third-Party Defendant-Appellant.

—[*1] Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Kristin L. Norfleet of counsel), for third-party defendant-appellant.

Murad and Murad, P.C., Utica (Frederick W. Murad of counsel), for plaintiff-respondent.

Goldberg Segalla, LLP, Syracuse (Sandra J. Sabourin of counsel), for defendants-respondents and third-party plaintiffs-respondents.

Appeal from an order of the Supreme Court, Oneida County (Norman I. Siegel, J.), entered September 18, 2012 in a personal injury action. The order, among other things, denied third-party defendant's cross motion for summary judgment dismissing the third-party complaint.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on October 1 and 9, 2013, and December 9, 2013, and filed in the Oneida County Clerk's Office on December 10, 2013,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Fahey, Peradotto, Carni and Valentino, JJ.