| Kerkhof v Lasalle Ambulance Inc. |
| 2022 NY Slip Op 00588 [201 AD3d 1351] |
| January 28, 2022 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| James Kerkhof, Individually and as Executor of the Estate of
Rubiann Kerkhof, Deceased, et al., Appellants-Respondents, v Lasalle Ambulance Inc., Doing Business as American Medical Response and Another, et al., Respondents-Appellants. |
Feroleto Law, Buffalo (John Feroleto of counsel), for plaintiffs-appellants-respondents.
Goldberg Segalla LLP, Buffalo (Meghan M. Brown of counsel), for defendants-respondents-appellants.
Appeal and cross appeal from an order of the Supreme Court, Erie County (John L. Michalski, A.J.), entered February 16, 2021. The order, among other things, permitted plaintiffs to bring a motion for summary judgment and denied the motion for summary judgment on the issues of negligence and serious injury.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on December 20, 2021,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Centra, J.P., Lindley, NeMoyer and Bannister, JJ.