Aria Contr. Corp. v Hiscock & Barclay, LLP
2013 NY Slip Op 04205 [107 AD3d 1469]
June 7, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 31, 2013


Aria Contracting Corporation et al., Respondents, v Hiscock & Barclay, LLP, et al., Appellants.

[*1] Connors & Vilardo, LLP, Buffalo (Terrence M. Connors of counsel), for defendants-appellants. Webster Szanyi LLP, Buffalo (Thomas S. Lane of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered August 21, 2012. The order, among other things, granted the motion of plaintiffs for summary judgment.

Now, upon the stipulation discontinuing action signed by the attorneys for the parties on February 25, 2013, and filed in the Erie County Clerk's Office on March 22, 2013,

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