Appellate Division of the Supreme Court of New York, 2014

Rifenburg v. Western New York & Pennsylvania Railroad

Rifenburg v. Western New York & Pennsylvania Railroad
Appellate Division of the Supreme Court of New York · Decided September 26, 2014 · Dejoseph, Fahey, Lindley, Smith, Whalen
120 A.D.3d 1570; 992 N.Y.S.2d 657
Rifenburg v. Western New York & Pennsylvania Railroad

Opinion of the Court

Appeal from an order of the Supreme Court, Allegany County (Thomas E Brown, A.J.), entered July 17, 2013. The order, insofar as appealed from, denied the motion of defendant for summary judgment.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on June 13 and 28, 2014, and filed in the Allegany County Clerk’s Office on July 2, 2014,

*1571It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation.

Present — Smith, J.P., Fahey, Lindley, Whalen and DeJoseph, JJ.

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