| Brown v BG Thruway, LLC |
| 2017 NY Slip Op 00790 [147 AD3d 1342] |
| February 3, 2017 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Larry E. Brown, Respondent, v BG Thruway, LLC, et al., Appellants, et al., Defendants. |
Barclay Damon LLP, Buffalo (Peter S. Marlette of counsel), for defendants-appellants.
Brown Chiari LLP, Lancaster (Timothy Hudson of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Erie County (Tracey A. Bannister, J.), entered February 9, 2016. The order, among other things, denied in part the motion of defendants BG Thruway, LLC and DDR Corp. for summary judgment dismissing plaintiff's complaint.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on November 14, 2016,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Carni, J.P., Lindley, NeMoyer, Troutman and Scudder, JJ.