Tho Nghiem v Gatti Plumbing, Inc.

Nghiem v Gatti Plumbing, Inc. 2007 NY Slip Op 08616 [45 AD3d 1377] November 9, 2007 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 16, 2008

Tho Nghiem, as Administrator of the Estate of Suu V. Nghiem, Deceased, Appellant, v Gatti Plumbing, Inc., et al., Respondents.

—[*1] Brown & Hutchinson, Rochester (Langston D. McFadden of counsel), for plaintiff-appellant.

Egger & Leegant, Rochester (Jan P. Egger of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Monroe County (William P. Polito, J.), entered August 31, 2006 in a personal injury and wrongful death action. The order denied plaintiff's motion for partial summary judgment on the issue of liability.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on August 1, 2007,

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