Menear v Kwik Fill
2018 NY Slip Op 06397 [164 AD3d 1655]
September 28, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 24, 2018


[*1]
  Trudy Menear et al., Respondents,
v
Kwik Fill et al., Defendants, and Motor Coach Industries, Inc., et al., Appellants.

Goldberg Segalla LLP, Syracuse (Molly M. Ryan of counsel) and Hartline, Dacus, Barger, Dreyer, LLP, Dallas, Texas, for defendants-appellants.

Bottar Leone, PLLC, Syracuse (Aaron J. Ryder of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Onondaga County (Gregory R. Gilbert, J.), entered October 31, 2017. The order, among other things, granted in part plaintiffs' motion for a protective order.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on May 1, 2018,

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