Fendt v General Elec. Co.

Fendt v General Elec. Co. 2015 NY Slip Op 02326 Decided on March 20, 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 March 20, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., LINDLEY, VALENTINO, AND DEJOSEPH, JJ.
287 CA 14-01491

[*1]TIGE C. FENDT, PLAINTIFF-RESPONDENT,

v

GENERAL ELECTRIC COMPANY, GE CONSUMER & INDUSTRIAL, GE APPLIANCES & LIGHTING, HOME DEPOT U.S.A., INC., RELIABLE APPLIANCE INSTALLATION, INC., AND ANTWAN S. CAMPBELL, DEFENDANTS-APPELLANTS.

Appeal from an order of the Supreme Court, Erie County (Tracey A. Bannister, J.), entered November 8, 2013. The order granted the motion of plaintiff to compel examinations before trial.

GOLDBERG SEGALLA LLP, BUFFALO (CHRISTOPHER G. FLOREALE OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

CELLINO & BARNES, P.C., BUFFALO (CHRISTOPHER D. D'AMATO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on March 10, 2015,

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

Entered: March 20, 2015

Frances E. Cafarell

Clerk of the Court