OSI Rest. Partners, LLC v IPT, LLC
2018 NY Slip Op 03027 [160 AD3d 1477]
April 27, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 30, 2018


[*1]
 OSI Restaurant Partners, LLC, et al., Respondents,
v
IPT, LLC, Doing Business as FM Facility Maintenance, Appellant.

Locke Lord, LLP, Hartford, Connecticut (Donald E. Frechette of counsel), for defendant-appellant.

Hancock Estabrook, LLP, Syracuse (John G. Powers of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered September 25, 2017. The order, insofar as appealed from, denied defendant's motion to dismiss all claims against it.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on February 5, 2018, and filed in the Onondaga County Clerk's Office on February 5, 2018,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Carni, DeJoseph, NeMoyer and Troutman, JJ.