Nazareth v Bull
2019 NY Slip Op 04580 [173 AD3d 1679]
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]
 Helen M. Nazareth et al., Respondents,
v
Jeffrey J. Bull et al., Appellants.

Costello, Cooney & Fearon, PLLC, Camillus (Maureen G. Fatcheric of counsel), for defendants-appellants.

Lippes Mathias Wexler Friedman LLP, Buffalo (Brendan H. Little of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (E. Jeannette Ogden, J.), entered June 26, 2018. The order, insofar as appealed from, granted the motion of plaintiffs for partial summary judgment on the issue of serious injury.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on May 6, 2019,

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