Gomez-Brock v Kubiak
2015 NY Slip Op 00140 [124 AD3d 1385]
January 2, 2015
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 4, 2015


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 Alexandra Gomez-Brock, Respondent, v Steven Kubiak et al., Appellants.

Rupp Baase Pfalzgraf Cunningham & Coppola LLC, Buffalo (John R. Condren of counsel), for defendants-appellants.

Gross Shuman Brizdle & Gilfillan, P.C., Buffalo (Sarah P. Rera of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (John L. Michalski, A.J.), entered December 13, 2013. The order, among other things, granted in part plaintiff's motion to set aside the jury verdict.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 22, 2014,

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