| Perkins v Upstate Orthopedics, LLP |
| 2018 NY Slip Op 01822 [159 AD3d 1446] |
| March 16, 2018 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Derrick Perkins et al., Respondents, v Upstate Orthopedics, LLP, et al., Appellants, et al., Defendants. |
Sugarman Law Firm, LLP, Syracuse (Danielle Mikalajunas Fogel of counsel), for defendants-appellants.
Weisberg & Zukher, PLLC, Syracuse (David E. Zukher of counsel), for plaintiffs-respondents.
Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered July 11, 2017. The order, among other things, denied the motion of defendants Daniel M. DeMartini, P.A., and Upstate Orthopedics, LLP, for summary judgment dismissing the complaint against them.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on February 28, 2018, and filed in the Onondaga County Clerk's Office on March 2, 2018,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Centra, NeMoyer, Curran and Troutman, JJ.