Duke, Holzman, Photiadis & Gresens LLP, Buffalo (Howard E. Berger of counsel), for appellant-respondent.

Lynn D'Elia Temes & Stanczyk, Syracuse (David C. Temes of counsel), for respondents-appellants.

Appeal and cross appeal from an order of the Supreme Court, Erie County (Henry J. Nowak, Jr., J.), entered January 31, 2017. The order denied plaintiff's motion for partial summary judgment and denied defendants' cross motion for summary judgment dismissing the amended complaint or alternatively, for leave to amend their answer to the amended complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties in March 2018,

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