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David Leavines v. Hueber-Breuer Construction Co.

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


September 30, 2011

DAVID LEAVINES,
PLAINTIFF-RESPONDENT,
v.
HUEBER-BREUER CONSTRUCTION CO., INC. AND
ELMCREST CHILDREN'S CENTER, INC.,
DEFENDANTS-APPELLANTS.

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered November 18, 2010 in a personal injury action.

Leavines v Hueber-breuer Constr. Co., Inc.

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 September 30, 2011

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

The order, insofar as appealed from, granted the motion of plaintiff for partial summary judgment pursuant to Labor Law § 240 (1) and denied in part the cross motion of defendants for summary judgment.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on May 18, 2011, It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.

Entered: September 30, 2011

Patricia L. Morgan Clerk of the Court

20110930

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