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Rak v. Country Fair

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


March 20, 2009

CAROLYN RAK, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF TYLER HALEY, AN INFANT UNDER THE AGE OF 14 YEARS, PLAINTIFF-RESPONDENT,
v.
COUNTRY FAIR, INC., PRIME REALTY, INC., PRIME REALTY II, INC., DEFENDANTS-APPELLANTS, ET AL., DEFENDANT.

Appeal from a judgment of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered November 21, 2007 in a personal injury action. The judgment was entered upon a finding of liability against defendants Country Fair, Inc., Prime Realty, Inc. and Prime Realty II, Inc. after a jury trial.

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.

PRESENT: SMITH, J.P., CENTRA, FAHEY, PERADOTTO, AND PINE, JJ.

Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on March 9, 2009,

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

20090320

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