Gleneagles Shopping Ctr. Plano, Tx. L.P. v Fitness Evolution, L.P.
2011 NY Slip Op 03355 [83 AD3d 1491]
April 29, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 8, 2011


Gleneagles Shopping Center Plano, Tx. Limited Partnership, Appellant, v Fitness Evolution, L.P., et al., Respondents, et al., Defendants.

—[*1] Bond, Schoeneck & King, PLLC, Rochester (Brian Laudadio of counsel), for plaintiff-appellant. Ellenoff Grossman & Schole LLP, New York City (Richard P. Kaye of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Monroe County (William P. Polito, J.), entered August 27, 2010. The order granted the motion of defendants Fitness Evolution, L.P. and Joseph S. Mulroy to dismiss the complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on April 1, 2011,

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