Andritz v Town of Salina

Andritz v Town of Salina 2010 NY Slip Op 05892 [75 AD3d 1058] July 2, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, September 1, 2010

Constance J. Andritz, as Administratrix of the Estate of Gerald J. Andritz, Deceased, Respondent, v Town of Salina et al., Defendants, and Federal Express Corporation, Appellant. Federal Express Corporation, Third-Party Plaintiff,
v
Aeromech, Inc., Third-Party Defendant-Appellant. City of Syracuse, Second Third-Party Plaintiff, v Aeromech, Inc., Second Third-Party Defendant-Appellant. Constance J. Andritz, as Administratrix of the Estate of Gerald J. Andritz, Deceased, Respondent, v Hancock International Associates, Inc., Defendant, and Aero Syracuse, LLC, Appellant.

—[*1] Sugarman Law Firm, LLP, Syracuse (Jenna W. Klucsik of counsel), for defendant-appellant Federal Express Corporation.

Barry, McTiernan & Wedinger, Edison, New Jersey (Richard W. Wedinger of counsel), for third-party defendant-appellant, second third-party defendant-appellant and defendant-appellant Aero Syracuse, LLC.

Paul William Beltz, P.C., Buffalo (Stephen R. Foley of counsel), for plaintiff-respondent.

Appeals from an order of the Supreme Court, Onondaga County (Brian F. DeJoseph, J.), entered July 21, 2008. The order granted the motion of plaintiff for partial summary judgment and denied the motion of defendant Federal Express Corporation for partial summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on April 28, 2010, it is hereby ordered that said appeals are unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Fahey, Carni, Sconiers and Pine, JJ.