Eric O'Connell v CVS Hamburg Center Store

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O'Connell v Cvs Hamburg Ctr. Store 2003 NY Slip Op 18725 [1 AD3d 1063] Decided on November 21, 2003 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 21, 2003
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: WISNER, J.P., HURLBUTT, SCUDDER, GORSKI, AND LAWTON, JJ.
1371 CA 03-01002

[*1]ERIC O'CONNELL, PLAINTIFF-RESPONDENT, ORDER

v

CVS HAMBURG CENTER STORE, LLC, DOING BUSINESS AS CVS PHARMACY, INC., CVS PHARMACY, INC., HAMBURG CENTER ASSOCIATES, PHOENIX CORPORATE SERVICES, LLC, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.


Appeals from an order of Supreme Court, Erie County (Dillon, J.), entered November 21, 2002, which, inter alia, granted plaintiff's motion for partial summary judgment on liability pursuant to Labor Law § 240 (1).


RUPP, BAASE, PFALZGRAF, CUNNINGHAM & COPPOLA, LLC, BUFFALO (THOMAS P. CUNNINGHAM OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
PAUL WILLIAM BELTZ, P.C., BUFFALO (TERRENCE P. HIGGINS OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Now, upon reading and filing the stipulation discontinuing appeals signed by the attorneys for the parties on October 20, 2003,


It is hereby ORDERED that said appeals be and the same hereby are unanimously dismissed without costs upon stipulation.
Entered: November 21, 2003JoAnn M. Wahl
Clerk of the Court

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