| McSweeney v Norfolk S. Ry. Co. |
| 2021 NY Slip Op 03707 [195 AD3d 1427] |
| June 11, 2021 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Marc McSweeney, Respondent, v Norfolk Southern Railway Company, Appellant, et al., Defendants. |
Goldberg Segalla LLP, Buffalo (Albert J. D'Aquino of counsel), for defendant-appellant.
Maxwell Murphy, LLC, Buffalo (John F. Maxwell of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Erie County (Tracey A. Bannister, J.), entered May 1, 2019. The order, among other things, granted in part plaintiff's motion for summary judgment against defendant Norfolk Southern Railway Company.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on April 6, 2020,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Carni, Lindley, Curran and DeJoseph, JJ.