Ding v Zavaglia
2011 NY Slip Op 04933 [85 AD3d 1627]
June 10, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 10, 2011


Yanna Ding, as Administratrix of the Estate of Weixing Cai, Deceased, Respondent,
v
Cosimo Zavaglia et al., Appellants, et al., Defendant.

—[*1] Law Offices of Theresa J. Puleo, Syracuse (Michael G. Donnelly of counsel), for defendants-appellants.

Robert E. Lahm, PLLC, Syracuse (Robert E. Lahm of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered November 10, 2010. The order denied the motion of defendants Cosimo Zavaglia, Eugene D. Tarolli, Richard J. Tarolli and Remington Gardens for summary judgment dismissing the complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties and filed on May 17, 2011,

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