Greenert v Sales Assoc. of WNY, LLC

Greenert v Sales Assoc. of WNY, LLC 2013 NY Slip Op 07280 Released on November 8, 2013 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Released on November 8, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, CARNI, VALENTINO, AND MARTOCHE, JJ.
217 CA 12-00964

[*1]TODD R. GREENERT, PLAINTIFF,

v

SALES ASSOCIATES OF WNY, LLC, ET AL., DEFENDANTS. - SALES ASSOCIATES OF WNY, LLC, THIRD-PARTY PLAINTIFF-APPELLANT, EDWARD H. DAVIS, JR., KATERI M. DAVIS AND JEFFREY PILGER, THIRD-PARTY DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.)


Appeal from an order of the Supreme Court, Erie County (John F. O'Donnell, J.), entered October 3, 2011. The order, among other things, granted the motion of third-party defendants Edward H. Davis, Jr. and Kateri M. Davis for summary judgment dismissing the third-party complaint of third-party plaintiff Sales Associates of WNY, LLC, against them.


AUGELLO & MATTELIANO, LLP, BUFFALO (JOSEPH A. MATTELIANO OF COUNSEL), FOR THIRD-PARTY PLAINTIFF-APPELLANT.
WALSH ROBERTS & GRACE, BUFFALO (KEITH N. BOND OF COUNSEL), FOR THIRD-PARTY DEFENDANTS-RESPONDENTS EDWARD H. DAVIS, JR. AND KATERI M. DAVIS.
Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on October 16, 2013,


It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.

All concur except Martoche, J., who is not participating.
Entered: November 8, 2013
Frances E. Cafarell
Clerk of the Court