Lasker v 4950 Genesee St., LLC (2016 NY Slip Op 05824)

Lasker v 4950 Genesee St., LLC

2016 NY Slip Op 05824 [142 AD3d 755]

August 17, 2016

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, September 28, 2016

[*1] (August 17, 2016)

Shawn Lasker, Respondent,
v
4950 Genesee Street, LLC, et al., Defendants, and Greenman-Pedersen, Inc., Appellant.

Sugarman Law Firm, LLP, Buffalo (Brian Sutter of counsel), for defendant-appellant.

Dolce Panepinto, P.C., Buffalo (Marc C. Panepinto of counsel), for plaintiff-respondent.

Goldberg Segalla, LLP, Buffalo (Dennis P. Glascott of counsel), for defendants.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered November 25, 2014. The order denied the motion of defendant Greenman-Pedersen, Inc. to dismiss the plaintiff's complaint.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on March 9, 2016, and filed in the Erie County Clerk's Office on March 30, 2016,

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