Nazareth v. Bull ( 2019 )

Nazareth v Bull (2019 NY Slip Op 04580)

Nazareth v Bull

2019 NY Slip Op 04580

Decided on June 7, 2019

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 7, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., SMITH, CARNI, NEMOYER, AND CURRAN, JJ.

590 CA 18-02317

[*1]HELEN M. NAZARETH AND MICHAEL NAZARETH, PLAINTIFFS-RESPONDENTS,

v

JEFFREY J. BULL AND ROBERTS ROOFING & SIDING CO., INC., DEFENDANTS-APPELLANTS.

COSTELLO, COONEY & FEARON, PLLC, CAMILLUS (MAUREEN G. FATCHERIC OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

LIPPES MATHIAS WEXLER FRIEDMAN LLP, BUFFALO (BRENDAN H. LITTLE OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Appeal from an order of the Supreme Court, Erie County (E. Jeannette Ogden, J.), entered June 26, 2018. The order, insofar as appealed from, granted the motion of plaintiffs for partial summary judgment on the issue of serious injury.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on May 6, 2019,

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

Entered: June 7, 2019

Mark W. Bennett

Clerk of the Court