Laird v PBS Hospitality, Inc.
2013 NY Slip Op 07384 [111 AD3d 1363]
November 8, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 25, 2013


Todd Laird, Respondent,
v
PBS Hospitality, Inc., Appellant, and Champion of Geneva, LLC, et al., Respondents.

—[*1] Knych & Whritenour, LLC, Syracuse (Brendan J. Reagan of counsel), for defendant-appellant.

Cellino & Barnes, P.C., Rochester (Richard P. Amico of counsel), for plaintiff-respondent.

Leclair Korona Giordano & Cole, LLP, Rochester (Laurie A. Giordano of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Ontario County (Craig J. Doran, A.J.), entered January 7, 2013. The order, among other things, denied in part the motion of defendant PBS Hospitality, Inc. for summary judgment dismissing the complaint and all cross claims against it.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 21, 2013,

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