Benderson Props., Inc. v WYNIT, Inc. (2013 NY Slip Op 02959)

Benderson Props., Inc. v WYNIT, Inc.

2013 NY Slip Op 02959 [105 AD3d 1450]

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

Benderson Properties, Inc., Appellant, v Wynit, Inc., Respondent.

—[*1] Harold M. Halpern, Wheatfield, for plaintiff-appellant.

Hiscock & Barclay, LLC, Syracuse (Jon P. Devendorf of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered July 5, 2012. The order denied plaintiff's motion for a protective order.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on January 21, 2013, and filed in the Erie County Clerk's Office on February 12, 2013,

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