| Fitzpatrick v Young Men's Christian Assn. of Buffalo Niagara |
| 2019 NY Slip Op 06959 [175 AD3d 1848] |
| September 27, 2019 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Mary Catherine Fitzpatrick et al.,
Respondents, v Young Men's Christian Association of Buffalo Niagara, Appellant. |
Barclay Damon LLP, Buffalo (Michael E. Ferdman of counsel), for defendant-appellant.
Vinal & Vinal, P.C., Buffalo (Jeanne M. Vinal of counsel), for plaintiffs-respondents.
Appeal from an order of the Supreme Court, Erie County (Paul Wojtaszek, J.), entered February 22, 2019. The order denied defendant's motion for summary judgment.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on August 20, 2019, and filed in the Erie County Clerk's Office on August 27, 2019,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Centra, J.P., Carni, NeMoyer, Troutman and Winslow, JJ.