Barber v Acco Brands Corp.
2014 NYSlipOp 06716 [121 AD3d 1544]
October 3, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 3, 2014


[*1]
 Richard W. Barber, as Executor of Richard A. Barber, Deceased, Respondent,
v
Acco Brands Corporation et al., Defendants, and G.H. Miner Co., Inc., Appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York City (Judy C. Selmeci of counsel), for defendant-appellant.

Belluck & Fox, LLP, New York City (Seth A. Dymond of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Charles C. Merrell, J.), entered January 14, 2014. The order denied the motion of defendant G.H. Miner Co., Inc. for summary judgment dismissing all causes of action against it.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on July 17, 2014,

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