Soulier v Radiator Specialty Co.

Soulier v Radiator Specialty Co. 2008 NY Slip Op 08944 [56 AD3d 1243] November 14, 2008 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 7, 2009

Charles Soulier et al., Respondents, v Radiator Specialty Company et al., Defendants, and ICI Paints North America, Appellant.

—[*1] Bond, Schoeneck & King, PLLC, Syracuse (S. Paul Battaglia of counsel), for defendant-appellant.

Shrader & Associates, LLP, Houston, Tex. (Ross D. Stomel of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Onondaga County (John C. Cherundolo, J.), entered February 6, 2008. The order, insofar as appealed from, directed defendant ICI Paints North America to provide certain discovery responses to plaintiffs.

Now, upon reading and filing the stipulation of discontinuance of appeal signed by the attorneys for the parties on August 8, 2008,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Hurlbutt, J.P., Smith, Green, Pine and Gorski, JJ.