Patchin v Dollar Tree Stores, Inc.
2019 NY Slip Op 04577 [173 AD3d 1678]
June 7, 2019
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 31, 2019


[*1]
 Shirley Patchin et al., Respondents,
v
Dollar Tree Stores, Inc., Appellant.

Kenney Shelton Liptak Nowak LLP, Rochester (Nicholas B. Davis of counsel), for defendant-appellant.

Faraci Lange LLP, Rochester (John A. Falk of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered June 21, 2018. The order denied the motion of defendant for summary judgment dismissing the complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on April 23 and May 14, 2019,

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