Russo & Toner, LLP, Buffalo (Timothy P. Welch of counsel), for defendant-appellant.

Kammholz Law PLLC, Victor (Joseph A. Rossi, Jr., of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered January 18, 2017. The order granted the motion of plaintiff for partial summary judgment and denied the cross motion of defendant for summary judgment.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on November 20, 2017, and filed in the Monroe County Clerk's Office on December 19, 2017,

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