| Chamberlain v Mac Trailer Mfg., Inc. |
| 2016 NY Slip Op 04622 [140 AD3d 1712] |
| June 10, 2016 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Gary Chamberlain, Respondent, v Mac Trailer
Manufacturing, Inc., Defendant, Modern Disposal Service, Inc., Appellant, and Custom
Canvas Mfg., Co., Inc., Respondent. Modern Disposal Service, Inc., et al., Third-Party
Plaintiffs-Appellants, v Chamberlain Trucking, LLC, et al., Third-Party Defendants-Respondents. (Appeal No. 1.) |
Cartafalsa, Slattery, Turpin & Leonoff, Buffalo (Brian P. Minehan of counsel), for defendant-appellant and third-party plaintiffs-appellants.
Brown Chiari LLP, Lancaster (Bradley D. Marble of counsel), for plaintiff-respondent and third-party defendants-respondents.
Gibson, McAskill & Crosby LLP, Buffalo (C. Christopher Bridge of counsel), for defendant-respondent.
Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered September 4, 2014. The order, among other things, denied in part the motion of defendant/third-party plaintiff Modern Disposal Service, Inc. and third-party plaintiff Modern Landfill, Inc. for summary judgment.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on May 4, 2016,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Peradotto, Carni, Lindley and Whalen, JJ.