| Missell v Asia Food Mkt., Inc. |
| 2016 NY Slip Op 05830 [142 AD3d 764] |
| August 17, 2016 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Ralph Missell, Appellant, v Asia Food Market, Inc., et
al., Respondents. Asia Food Market, Inc., Third-Party Plaintiff, v Excell HVAC & Appliance Services, Inc., Third-Party Defendant-Respondent. |
Davidson Fink LLP, Rochester (Andrew M. Burns of counsel), for plaintiff-appellant.
Osborn, Reed & Burke, LLP, Rochester (Jeffrey P. Dipalma of counsel), for defendant-respondent Asia Food Market, Inc.
Barclay Damon, LLP, Rochester (Paul A. Sanders of counsel), for defendants-respondents Hanson Aggregates, Inc. and Hanson Aggregates, New York, Inc.
Woods Oviatt Gilman LLP, Rochester (Robert D. Hooks of counsel), for third-party defendant-respondent.
Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered November 26, 2014. The order granted the motions of defendants for summary judgment dismissing the amended complaint and dismissed the amended complaint and the third-party complaint.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on December 2 and 3, 2015, and January 22 and 25, 2016, and filed in the Monroe County Clerk's Office on January 27, 2016,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Peradotto, Lindley, Whalen and DeJoseph, JJ.