Fowler v Sylvester
2017 NY Slip Op 06774 [153 AD3d 1615]
September 29, 2017
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 1, 2017


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  Frank E. Fowler, Jr., Doing Business as Sonshine Cleaning Services, Respondent-Appellant, v Frank Sylvester, Individually and as Building Manager for Summit Realty Management, LLC, et al., Appellants-Respondents.

Barclay Damon, LLP, Syracuse (Matthew J. Larkin of counsel), for defendants-appellants-respondents Frank Sylvester, Individually and as Building Manager for Summit Realty Management, LLC and Summit Realty Management, LLC.

Underberg & Kessler, LLP, Buffalo (Edward P. Yankelunas of counsel), for defendant-appellant-respondent Chuck Pattison, Individually and as Chief Executive Officer for Dermatology & Associates of Central New York, PLLC.

Luibrand Law Firm, PLLC, Latham (Kevin A. Luibrand of counsel), for plaintiff-respondent-appellant.

Appeals and cross appeal from an order of the Supreme Court, Onondaga County (James P. Murphy, J.), dated August 29, 2016. The order, among other things, granted the motions of defendants for leave to reargue and/or renew their motions for summary judgment and, upon reargument, denied in part the motions of defendants for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on April 24, and May 5 and 9, 2017,

It is hereby ordered that said appeals and cross appeal are unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Peradotto, Lindley, NeMoyer and Curran, JJ.