Michael D. Loomis v State of New York

Loomis v State of New York 2006 NY Slip Op 03184 [28 AD3d 1068] April 28, 2006 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 21, 2006

Michael D. Loomis et al., Respondents, v State of New York, Appellant. (Claim No. 107693.) (Appeal No. 3.)

—[*1]Appeal from a judgment of the Court of Claims (Richard E. Sise, J.), entered December 9, 2004 in a personal injury action. The interlocutory judgment granted claimants' motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240 (1) and denied defendant's cross motion for summary judgment dismissing the Labor Law § 240 (1) and § 241 (6) claims.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on February 8, 2006,

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation. Present—Pigott, Jr., P.J., Kehoe, Martoche, Smith and Pine, JJ.