| Gill v Lombardo |
| 2019 NY Slip Op 05296 [173 AD3d 1851] |
| June 28, 2019 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Varinder Gill, Appellant, v Joseph Lombardo et al., Respondents. |
Stuart B. Shapiro, Kenmore, for plaintiff-appellant.
Difilippo, Flaherty & Steinhaus, PLLC, East Aurora (Robert D. Steinhaus of counsel), for defendants-respondents.
Appeal from an order of the Supreme Court, Erie County (Tracey A. Bannister, J.) entered June 19, 2018. The order denied plaintiff's motion to dismiss all counterclaims of the defendants and to preclude defendants from offering proof at trial.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on June 5, 2019,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Peradotto, Carni, Lindley and Curran, JJ.