Spina v Kimpex, Inc.
2013 NY Slip Op 01732 [104 AD3d 1231]
March 15, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 24, 2013


Destiny Spina et al., Respondents, v Kimpex, Inc., et al., Appellants.

—[*1] Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLC, Buffalo (Michael T. Feeley of counsel), for defendants-appellants.

Connors & Vilardo, LLP, Buffalo (Lawlor F. Quinlan, III, of counsel), for plaintiffs-respondents.

Appeal from an order and partial judgment (one paper) of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered July 15, 2011. The order and partial judgment, inter alia, granted the motion of plaintiffs to set aside the jury verdict.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on January 22, 2013, and filed in the Niagara County Clerk's Office on February 26, 2013,

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