| Italia v Cliffstar LLC |
| 2016 NY Slip Op 07458 [144 AD3d 1539] |
| November 10, 2016 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Larry Italia, Respondent, v Cliffstar LLC, Also Known as Cliffstar New York, LLC, et al., Appellants. |
Cozen O'Connor, New York City (Vincent Pozzuto of counsel), for defendants-appellants.
Dolce Panepinto, P.C., Buffalo (Sean E. Cooney of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Erie County (Michael L. D'Amico, A.J.), entered December 23, 2015. The order, insofar as appealed from, denied the motion of defendants for summary judgment dismissing the complaint and granted in part plaintiff's cross motion for summary judgment.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on August 2, 2016,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Smith, Lindley, Troutman and Scudder, JJ.