Feldman v Lamparelli Constr. Co., Inc.
2013 NY Slip Op 02943 [105 AD3d 1442]
April 26, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 29, 2013


Carl Feldman et al., Respondents, v Lamparelli Construction Company, Inc., et al., Appellants.

—[*1] Goldberg Segalla LLP, Buffalo (Paul D. McCormick of counsel), for defendants-appellants.

Collins & Collins, LLC, Buffalo (Charles H. Cobb of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered June 5, 2012. The order, insofar as appealed from, denied in part the cross motion of defendants for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on March 1, 2013,

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