Trost v Rockingham Estates, LLC
2014 NY Slip Op 01902 [115 AD3d 1231]
March 21, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 30, 2014


—Carl Trost et al., Respondents,
v
Rockingham Estates, LLC, et al., Appellants.

—[*1] Brown & Kelly, LLP, Buffalo (Kathleen T. Feroleto of counsel), for defendants-appellants.

Dempsey & Dempsey, Buffalo (Emily G. Catalano of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered April 17, 2013 in a personal injury action. The order granted the motion of plaintiffs for partial summary judgment pursuant to Labor Law § 240 (1) and denied the cross motion of defendants for summary judgment.

Now, upon reading and filing the stipulation to withdraw appeal signed by the attorneys for the parties on February 20, 2014,

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