Andreozzi v Tops Mkts., LLC

Andreozzi v Tops Mkts., LLC 2010 NY Slip Op 01184 [70 AD3d 1391] February 11, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 31, 2010

Mary Lou Andreozzi, Plaintiff,
v
Tops Markets, LLC, et al., Appellants, and Churchill Contracting, Inc., Respondent.

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Kenney Shelton Liptak Nowak LLP, Buffalo (Nelson E. Schule, Jr., of counsel), for defendants-appellants.

Osborn, Reed & Burke, LLP, Rochester (Jeffrey P. DiPalma of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Paula L. Feroleto, J.), entered August 27, 2008 in a personal injury action. The order granted the motion of defendant Churchill Contracting, Inc. for summary judgment and denied the cross motion of defendants Tops Markets, LLC and Benderson Development Company, Inc. for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties to the appeal on January 5 and 11, 2010, it is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Centra, Carni and Pine, JJ.