| Cooper v Benaka, Inc. |
| 2017 NY Slip Op 02267 [148 AD3d 1654] |
| March 24, 2017 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Richard Cooper et al., Respondents, v Benaka, Inc., Appellant. |
Osborn, Reed & Burke, LLP, Rochester (L. Damien Costanza of counsel), for defendant-appellant.
Kelly White Donofrio LLP, Rochester (Paul D. Kelly of counsel), for plaintiffs-respondents.
Appeal from an order of the Supreme Court, Monroe County (Debra A. Martin, A.J.), entered March 24, 2016. The order, insofar as appealed from, granted the motion of plaintiffs for partial summary judgment on liability pursuant to Labor Law § 240 (1).
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 22, 2017,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Smith, Centra, Curran and Scudder, JJ.