FOLMSBEE, GLORY v. GOODYEAR TIRE & RUBBER COMPANY

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 14-00243 PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, AND LINDLEY, JJ.

GLORY FOLMSBEE AND MARK FOLMSBEE, PLAINTIFFS-RESPONDENTS, V ORDER THE GOODYEAR TIRE & RUBBER COMPANY, DOING BUSINESS AS GOODYEAR AUTO SERVICE CENTERS, DEFENDANT-APPELLANT, AND BENDERSON PROPERTIES, INC., FORMERLY KNOWN AS BENDERSON DEVELOPMENT COMPANY, LLC, DEFENDANT-RESPONDENT.

HERRICK, FEINSTEIN LLP, NEW YORK CITY (RICHARD Y. IM OF COUNSEL), FOR DEFENDANT-APPELLANT.

ANDREWS, BERNSTEIN & MARANTO LLP, BUFFALO (BENJAMIN J. ANDREWS OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO (ROBERT A. CRAWFORD, JR., OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered November 15, 2013. The order, among other things, denied the motion of defendant The Goodyear Tire & Rubber Company, doing business as Goodyear Auto Service Centers, for summary judgment dismissing the complaint.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on April 16, 2014, It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.

Entered: September 26, 2014 Frances E. Cafarell Clerk of the Court