Marrero v Gandolfo
2014 NY Slip Op 01923 [115 AD3d 1243]
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


Nancy Marrero, Appellant-Respondent,
v
Paul Frederick Gandolfo, Respondent-Appellant and Third-Party Plaintiff Respondent-Appellant. Alba A. Baez, Third-Party Defendant-Respondent-Appellant.

—[*1] Barry J. Donohue, Tonawanda, for plaintiff-appellant-respondent.

Law Offices of Daniel R. Archilla, Buffalo (Joan M. Richter of counsel), for defendant-respondent-appellant and third-party plaintiff-respondent-appellant.

Barth Sullivan Behr, Buffalo (Andrew J. Kowalewski of counsel), for third-party defendant-respondent-appellant.

Appeal and cross appeals from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered March 25, 2013. The order denied the motions of the respective parties for summary judgment.

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

It is hereby ordered that said cross appeal taken by third-party defendant is unanimously dismissed upon stipulation and the order is affirmed without costs. Present—Scudder, P.J., Centra, Fahey, Peradotto and Whalen, JJ.