| McEvoy v Muldoon & Getz |
| 2017 NY Slip Op 00828 [147 AD3d 1368] |
| February 3, 2017 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Ashton Blair McEvoy, Respondent, v Muldoon & Getz et al., Appellants. |
Barclay Damon, LLP, Buffalo (Tyson Prince of counsel), for defendants-appellants.
Viola, Cummings & Lindsay, LLP, Niagara Falls (Michael J. Skoney of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Niagara County (Mark A. Montour, J.), entered May 2, 2016. The order denied defendants' motion for summary judgment dismissing plaintiff's complaint.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on August 17, 2016, and filed in the Niagara County Clerk's Office on September 29, 2016,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Centra, DeJoseph, NeMoyer and Troutman, JJ.