| Caruso v Chatfield |
| 2019 NY Slip Op 01943 [170 AD3d 1533] |
| March 15, 2019 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Nicholas Caruso, Plaintiff, and Ronald J. Caruso,
Respondent, v Michael D. Chatfield et al., Appellants, et al., Defendants. |
Bennett Schechter Arcuri & Will LLP, Buffalo (Peter D. Cantone of counsel), for defendants-appellants.
Brian Chapin York, Jamestown, for plaintiff-respondent.
Appeal from an order of the Supreme Court, Chautauqua County (James H. Dillon, J.), entered March 19, 2018. The order, insofar as appealed from, denied the motion of defendants Michael D. Chatfield and Landstar Ranger, Inc., for summary judgment as to plaintiff Ronald J. Caruso's claim of a significant limitation of use of a body function or system.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on November 19 and December 17, 2018,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Carni, Lindley, NeMoyer and Curran, JJ.