Calamar Senior Hous. Fund, II, LLC v MK CHC Holdings, LLC
2017 NY Slip Op 09040 [156 AD3d 1453]
December 22, 2017
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 7, 2018


[*1]
 Calamar Senior Housing Fund, II, LLC, et al., Appellants,
v
MK CHC Holdings, LLC, et al., Respondents.

Anderson Kill P.C., New York City (Finley T. Harckham of counsel), for plaintiffs-appellants.

Phillips Lytle LLP, Buffalo (Craig A. Leslie of counsel) and Sidley Austin LLP, New York City, for defendants-respondents.

Appeal from an order and judgment (one paper) of the Supreme Court, Niagara County (Henry J. Nowak, Jr., J.), entered April 7, 2017. The order and judgment granted the motion of defendants to dismiss the complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on November 10 and 13, 2017,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Peradotto, J.P., Carni, DeJoseph, Curran and Winslow, JJ.