| Thirty One Dev., LLC v Cohen |
| 2015 NY Slip Op 00126 [124 AD3d 1371] |
| January 2, 2015 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Thirty One Development, LLC, Respondent, v Jeffrey Cohen, Defendant, and The Gill House and Charter House Inn, LLC, Appellant. |
Hancock Estabrook, LLP, Syracuse (Janet D. Callahan of counsel), for defendant-appellant.
McMahon, Kublick & Smith, P.C., Syracuse (Jan S. Kublick of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered June 4, 2013. The order denied the motion of defendant The Gill House and Charter House Inn, LLC, for, inter alia, a declaration that a purchase and sale contract was null and void and granted the cross motion of plaintiff for summary judgment seeking specific performance.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on December 4 and 5, 2014,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Peradotto, Carni, Valentino and DeJoseph, JJ.