Coffee v Tank Indus. Consultants, Inc.

Coffee v Tank Indus. Consultants, Inc. 2015 NY Slip Op 09501 Decided on December 23, 2015 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.

Decided on December 23, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, VALENTINO, WHALEN, AND DEJOSEPH, JJ.
1334 CA 15-00289

[*1]JUSTIN COFFEE, PLAINTIFF-RESPONDENT,

v

TANK INDUSTRY CONSULTANTS, INC., DEFENDANT-APPELLANT, AND WORLDWIDE INDUSTRIES CORP., DEFENDANT. ————————————————————— WORLDWIDE INDUSTRIES CORP., THIRD-PARTY PLAINTIFF, CDK INDUSTRIES, INC., THIRD-PARTY DEFENDANT. (APPEAL NO. 1.)

SUGARMAN LAW FIRM, LLP, SYRACUSE (STEPHEN A. DAVOLI OF COUNSEL), FOR DEFENDANT-APPELLANT.

STANLEY LAW OFFICES, LLP, SYRACUSE (ROBERT A. QUATTROCCI OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered May 23, 2014. The order denied the motion of defendant Tank Industry Consultants, Inc. for summary judgment.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on September 28, 2015,

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

Entered: December 23, 2015

Frances E. Cafarell

Clerk of the Court