| Deuser v Precision Constr. & Dev., Inc. |
| 2019 NY Slip Op 00740 [169 AD3d 1374] |
| February 1, 2019 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Dylan Deuser, Respondent, v Precision Construction & Development, Inc., Appellant, et al., Defendants. (Appeal No. 1.) |
Kenney Shelton Liptak Nowak, LLP, Buffalo (Melissa A. Foti of counsel), for defendant-appellant.
Marcus & Cinelli, LLP, Williamsville (Brian L. Cinelli of counsel), for plaintiff-respondent.
Brown & Kelly, LLP, Buffalo (Kevin D. Walsh of counsel), for defendant Ryan Braun.
Appeal from a judgment of the Supreme Court, Erie County (John L. Michalski, A.J.), entered January 17, 2017. The judgment, among other things, awarded plaintiff the sum of $3,486,898.96 as against defendant Precision Construction & Development, Inc.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on July 12 and 17, and August 20, 2018, and filed in the Erie County Clerk's Office on August 27, 2018,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Carni, J.P., Lindley, NeMoyer, Curran and Winslow, JJ.