40 State LLC v Karr
2018 NY Slip Op 01738 [159 AD3d 1388]
March 16, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 2, 2018


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  40 State LLC, Respondent, v Suzanne Karr, Appellant, et al., Defendants. (Appeal No. 2.)

Pheterson Spatorico LLP, Rochester (Derrick A. Spatorico of counsel), for defendant-appellant.

Woods Oviatt Gilman LLP, Rochester (Robert D. Hooks of counsel), for plaintiff-respondent.

Appeal from an amended judgment of the Supreme Court, Monroe County (Renee Forgensi Minarik, A.J.), entered February 3, 2017. The amended judgment, among other things, awarded plaintiff the sum of $52,470.21 as against defendants.

Now, upon reading and filing the stipulation of discontinuance with attached Exhibit A signed by the attorneys for plaintiff and defendant-appellant on January 30, 2018,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Centra, Carni, NeMoyer and Curran, JJ.