KEVIN KING INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF SHARON KING DECEASED PLAINTIFF RESPONDENT APPELLANT v. APPEAL NO (2011)

Supreme Court, Appellate Division, Fourth Department, New York.

KEVIN M. KING, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF SHARON A. KING, DECEASED, PLAINTIFF-RESPONDENT-APPELLANT, v. D.R. CHAMBERLAIN CORPORATION, FRANKLIN G. DOWNING, F.G. DOWNING DEVELOPMENT, INC., DOING BUSINESS AS TOWNE BMW, F.G. DOWNING TOWNE AUTOMOTIVE GROUP, DEFENDANTS-APPELLANTS -RESPONDENTS, ET AL., DEFENDANTS. (APPEAL NO. 1.)

CA 10-00050

Decided: March 25, 2011

PRESENT: SCUDDER, P.J., SMITH, LINDLEY, GREEN, AND MARTOCHE, JJ.

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO (MAURICE L. SYKES OF COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS. JOHN J. FROMEN, BUFFALO, FOR PLAINTIFF-RESPONDENT-APPELLANT.

ORDER

Appeal and cross appeal from an order and judgment (one paper) of the Supreme Court, Erie County (Donna M. Siwek, J.), entered April 3, 2009 in a personal injury action. The order and judgment, among other things, granted plaintiff's cross motion for partial summary judgment and granted in part and denied in part the motion of defendants D.R. Chamberlain Corporation, Franklin G. Downing, F.G. Downing Development, Inc., doing business as Towne BMW, and F.G. Downing Towne Automotive Group for summary judgment.

Now, upon reading and filing the stipulation withdrawing appeals signed by the attorneys for the parties on March 17, 2011,

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

Patricia L. Morgan

Clerk of the Court

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