Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Kristin L. Norfleet of counsel), for defendant-appellant.

Lipsitz Green Scime Cambria LLP, Buffalo (Scott Schwartz of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Niagara County (Daniel Furlong, J.), entered April 6, 2018. The order denied the motion of defendant for summary judgment dismissing the complaint.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on January 7 and 24, 2019, and filed in the Niagara County Clerk's Office on January 24, 2019,

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