Ryan v Kips Bay Assoc., Inc.
2008 NY Slip Op 07401 [55 AD3d 1357]
October 3, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 10, 2008


Gary R. Ryan et al., Respondents, et al., Plaintiff, v Kips Bay Associates, Inc., Doing Business as B'Ville Diner, Appellant.

—[*1] Costello, Cooney & Fearon, PLLC, Syracuse (Robert J. Smith of counsel), for defendant-appellant.

Lynn Law Firm, LLP, Syracuse (Patricia A. Lynn-Ford of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Onondaga County (James P. Murphy, J.), entered November 2, 2007 in a negligence action. The order denied the motion of defendant for summary judgment dismissing the complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on May 22, 2008,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Lunn, Fahey and Peradotto, JJ.