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Frank W. Kiley, Iii v. Greenfield Manor

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


February 10, 2011

FRANK W. KILEY, III,
PLAINTIFF-RESPONDENT,
v.
GREENFIELD MANOR, INC. AND WILSANDRA CONSTRUCTION CO., INC.,
DEFENDANTS-APPELLANTS.

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered May 3, 2010 in a personal injury action. The order, insofar as appealed from, denied the motion of defendants for summary judgment dismissing plaintiff's Labor Law § 241 (6) cause of action insofar as it is based upon a violation of 12 NYCRR 23-1.8 (c) (1).

Kiley v Greenfield Manor, Inc.

Decided on February 10, 2011

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 February 10, 2011

PRESENT: CENTRA, J.P., CARNI, LINDLEY, GREEN, AND GORSKI, JJ.

Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on December 6, 2010, It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation. Entered: February 10, 2011 Patricia L. Morgan Clerk of the Court

20110210

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