| Luther v PayQuicker, LLC |
| 2018 NY Slip Op 06399 [164 AD3d 1656] |
| September 28, 2018 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Scot Luther, Appellant, v PayQuicker, LLC, et al., Respondents, et al., Defendants. |
Harris Beach PLLC, Pittsford (Douglas A. Foss of counsel), for plaintiff-appellant.
Woods Oviatt Gilman LLP, Rochester (Robert D. Hooks of counsel), for defendants-respondents.
Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered August 11, 2017. The order, among other things, denied plaintiff's motion for partial summary judgment.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on May 7 and 8, 2018, and filed in the Monroe County Clerk's Office on May 8, 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.