| West v Time Cap Dev. Corp. |
| 2016 NY Slip Op 04611 [140 AD3d 1703] |
| June 10, 2016 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Larry West, Appellant-Respondent, v Time Cap Development Corp. et al., Respondents-Appellants, and Chittenango Dental, P.C., Respondent. |
Michaels & Smolak, P.C., Auburn (Michael G. Bersani of counsel), for plaintiff-appellant-respondent.
Sugarman Law Firm, LLP, Syracuse (Jenna W. Klucsik of counsel), for defendants-respondents-appellants and defendant-respondent.
Appeal and cross appeal from an order of the Supreme Court, Onondaga County (James P. Murphy, J.), entered July 13, 2015. The order, among other things, denied plaintiff's motion for partial summary judgment and denied in part defendants' cross motion for summary judgment.
Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on May 23, 2016,
It is hereby ordered that said appeal and cross appeal are unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Carni, DeJoseph, Curran and Troutman, JJ.