Malkin v Banks
2011 NY Slip Op 07085 [88 AD3d 1247]
October 7, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 7, 2011


Nick Malkin et al., Respondents, v Marisa Lyn Banks et al., Defendants, and Alyssa Z. Benson et al., Appellants.

—[*1] Hagelin Kent LLC, Buffalo (Elizabeth A. Bruce of counsel), for defendants-appellants.

Gibson, McAskill & Crosby, LLP, Buffalo (Charles S. Desmond, II, of counsel), for plaintiffs-respondents.

Goldberg Segalla, LLP, Buffalo (Troy S. Flascher of counsel), for defendant Marisa Lyn Banks.

Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered February 18, 2010. The order denied the motion of defendants Alyssa Z. Benson and Maria Giannino for summary judgment on the issue of proximate cause.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on April 29, 2011, and filed in the Erie County Clerk's Office on June 29, 2011,

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