Paul Tartick v James Mc Donnell
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Tartick v Mc Donnell
2003 NY Slip Op 20065 [2 AD3d 1488]
Decided on December 31, 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 December 31, 2003
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: WISNER, J.P., HURLBUTT, SCUDDER, GORSKI, AND LAWTON, JJ.
1374 CA 03-00955
[*1]PAUL TARTICK AND MARIA TARTICK, PLAINTIFFS-RESPONDENTS-APPELLANTS, ORDER
v
JAMES MC DONNELL AND DOLORES MC DONNELL, DEFENDANTS-APPELLANTS-RESPONDENTS.
Appeal and cross appeal from an order of Supreme Court, Erie County (Lane, J.), entered October 1, 2002, which, inter alia, granted plaintiffs' motion for partial summary judgment on the issue of liability under Labor Law § 240 (1).
RUPP, BAASE, PFALZGRAF, CUNNINGHAM & COPPOLA LLC, BUFFALO (LISA A. COPPOLA OF COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS.
PAUL WILLIAM BELTZ, P.C., BUFFALO (TERRENCE P. HIGGINS OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS-APPELLANTS. Now, upon reading and filing the stipulation discontinuing the appeal and cross appeal signed by the attorneys for the parties on September 3, 2003,
It is hereby ORDERED that said appeal and cross appeal be and the same hereby are unanimously dismissed without costs upon stipulation.
Entered: December 31, 2003 JoAnn M. Wahl
Clerk of the Court
Decided on December 31, 2003
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: WISNER, J.P., HURLBUTT, SCUDDER, GORSKI, AND LAWTON, JJ.
1374 CA 03-00955
[*1]PAUL TARTICK AND MARIA TARTICK, PLAINTIFFS-RESPONDENTS-APPELLANTS, ORDER
v
JAMES MC DONNELL AND DOLORES MC DONNELL, DEFENDANTS-APPELLANTS-RESPONDENTS.
Appeal and cross appeal from an order of Supreme Court, Erie County (Lane, J.), entered October 1, 2002, which, inter alia, granted plaintiffs' motion for partial summary judgment on the issue of liability under Labor Law § 240 (1).
RUPP, BAASE, PFALZGRAF, CUNNINGHAM & COPPOLA LLC, BUFFALO (LISA A. COPPOLA OF COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS.
PAUL WILLIAM BELTZ, P.C., BUFFALO (TERRENCE P. HIGGINS OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS-APPELLANTS. Now, upon reading and filing the stipulation discontinuing the appeal and cross appeal signed by the attorneys for the parties on September 3, 2003,
It is hereby ORDERED that said appeal and cross appeal be and the same hereby are unanimously dismissed without costs upon stipulation.
Entered: December 31, 2003 JoAnn M. Wahl
Clerk of the Court
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