Coffee v Tank Indus. Consultants, Inc. (2015 NY Slip Op 09501)

Coffee v Tank Indus. Consultants, Inc.

2015 NY Slip Op 09501 [134 AD3d 1439]

December 23, 2015

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 10, 2016

[*1]

Justin Coffee, Respondent, v Tank Industry Consultants, Inc., Appellant, et al., Defendant. (And a Third-Party Action.) (Appeal No. 1.)

Sugarman Law Firm, LLP, Syracuse (Stephen A. Davoli of counsel), for defendant-appellant.

Stanley Law Offices, LLP, Syracuse (Robert A. Quattrocci of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered May 23, 2014. The order denied the motion of defendant Tank Industry Consultants, Inc. for summary judgment.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on September 28, 2015,

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