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Timothy Lorenz and Eileen Lorenz v. Village of Depew

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


June 10, 2011

TIMOTHY LORENZ AND EILEEN LORENZ, PLAINTIFFS-RESPONDENTS,
v.
VILLAGE OF DEPEW, ET AL., DEFENDANTS, ADELPHIA CABLE COMMUNICATIONS, ' DEFENDANT-APPELLANT.
ADELPHIA CABLE COMMUNICATIONS,
THIRD-PARTY PLAINTIFF,
PHASECOM AMERICA, INC. AND MASTEC TECHNOLOGIES, INC.,
THIRD-PARTY DEFENDANTS.

Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered June 10, 2008. The order, inter alia, granted that part of plaintiffs' motion seeking summary judgment on liability pursuant to Labor Law § 240 (1) against defendant Adelphia Cable Communications.

Lorenz v Village of Depew

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 June 10, 2011

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, GREEN, AND GORSKI, JJ.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties and filed on May 26, 2011, It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.

Entered: June 10, 2011

Patricia L. Morgan Clerk of the Court

20110610

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