NANCY MARRERO PLAINTIFF APPELLANT RESPONDENT v. PAUL FREDERICK GANDOLFO DEFENDANT RESPONDENT APPELLANT (2014)

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

NANCY MARRERO, PLAINTIFF–APPELLANT–RESPONDENT, v. PAUL FREDERICK GANDOLFO, DEFENDANT–RESPONDENT -APPELLANT.
PAUL FREDERICK GANDOLFO, THIRD–PARTY PLAINTIFF–RESPONDENT -APPELLANT, v. ALBA A. BAEZ, THIRD–PARTY DEFENDANT–RESPONDENT -APPELLANT.

CA 13–01656

Decided: March 21, 2014

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND WHALEN, JJ.

BARRY J. DONOHUE, TONAWANDA, FOR PLAINTIFF–APPELLANT–RESPONDENT. LAW OFFICES OF DANIEL R. ARCHILLA, BUFFALO (JOAN M. RICHTER OF COUNSEL), FOR DEFENDANT–RESPONDENT–APPELLANT AND THIRD–PARTY PLAINTIFF–RESPONDENT–APPELLANT. BARTH SULLIVAN BEHR, BUFFALO (ANDREW J. KOWALEWSKI OF COUNSEL), FOR THIRD–PARTY DEFENDANT–RESPONDENT–APPELLANT.

ORDER

Appeal and cross appeals from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered March 25, 2013. The order denied the motions of the respective parties for summary judgment.

Now, upon reading and filing the stipulation to withdraw appeal signed by the attorneys for the parties,

It is hereby ORDERED that said cross appeal taken by third-party defendant is unanimously dismissed upon stipulation and the order is affirmed without costs.

Frances E. Cafarell

Clerk of the Court

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