Cirifalco v U.S.I. Bldg. Servs., Inc. (2013 NY Slip Op 06114)

Cirifalco v U.S.I. Bldg. Servs., Inc.

2013 NY Slip Op 06114 [109 AD3d 1096]

September 27, 2013

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, October 30, 2013

Judith Cirifalco et al, Respondents, v U.S.I. Building Services, Inc., Appellant.

—[*1] Damon Morey LLP, Buffalo (Michael L. Amodeo of counsel), for defendant-appellant.

David P. Feldman, Buffalo, for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered May 9, 2012. The order denied the motion of defendant for summary judgment.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on August 12, 2013, and filed in the Niagara County Clerk's Office on August 22, 2013,

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