March 21, 2014
CARL TROST AND JENNIFER TROST, PLAINTIFFS-RESPONDENTS,
ROCKINGHAM ESTATES, LLC AND FORBES HOMES, INC., DEFENDANTS-APPELLANTS.
Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered April 17, 2013 in a personal injury action. The order granted the motion of plaintiffs for partial summary judgment pursuant to Labor Law § 240 (1) and denied the cross motion of defendants for summary judgment.
BROWN & KELLY, LLP, BUFFALO (KATHLEEN T. FEROLETO OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
DEMPSEY & DEMPSEY, BUFFALO (EMILY G. CATALANO OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND SCONIERS, JJ.
Now, upon reading and filing the stipulation to withdraw appeal signed by the attorneys for the parties on February 20, 2014,
It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.