| Spicer v USA Body, Inc. |
| 2017 NY Slip Op 04660 [151 AD3d 1711] |
| June 9, 2017 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Charlene Spicer, as Administrator of the Estate of Christopher Spicer, Deceased, Respondent, v USA Body, Inc., Defendant/Third-Party Plaintiff-Respondent. Volles Dairy Farm, LLC, Third-Party Defendant-Appellant. |
Barclay Damon, LLP, Syracuse (Alan R. Peterman of counsel), for Third-party defendant-appellant.
Delduchetto & Potter, Syracuse (Ernest A. Delduchetto of counsel), for plaintiff-respondent.
Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Brady J. O'Malley of counsel), for Third-party plaintiff-respondent.
Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered September 28, 2016. The order, among other things, denied the motion of third-party defendant Volles Dairy Farm, LLC seeking summary judgment dismissing the third-party plaintiff's complaint.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on March 31 and April 25, 2017,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Centra, Lindley, Troutman and Scudder, JJ.