| Building Science Servs., LLC v Foss |
| 2019 NY Slip Op 03221 [171 AD3d 1517] |
| April 26, 2019 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Building Science Services, LLC,
Respondent, v Thomas Foss et al., Appellants. |
Webster Szanyi LLP, Buffalo (Andrew O. Miller of counsel), for defendants-appellants.
Kenney Shelton Liptak Nowak LLP, Buffalo (Jeffrey A. Carlino of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, III, J.), entered March 23, 2018. The order, inter alia, granted the motion of plaintiff for leave to amend its complaint.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on April 8, 2019,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Centra, J.P., Peradotto, Lindley, Troutman and Winslow, JJ.