| Droz v Chahfe |
| 2019 NY Slip Op 08075 [177 AD3d 1333] |
| November 8, 2019 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Charlene Droz, Respondent, v Fayez Chahfe, M.D., et al., Appellants, et al., Defendants. Fayez Chahfe, M.D., et al., Third-Party Plaintiffs-Appellants, v Medtronix Xomed, Inc., Third-Party Defendant. |
Gale Gale & Hunt, LLC, Syracuse (Kevin T. Hunt of counsel), for defendants-appellants and third-party plaintiffs-appellants.
Lafave, Wein & Frament, PLLC, Guilderland (Matthew T. Fahrenkopf of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Herkimer County (Charles C. Merrell, J.), entered January 22, 2019. The order, insofar as appealed from, granted that part of the motion of plaintiff seeking to sever the third-party action.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 17, 2019,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Centra, J.P., Carni, Curran, Troutman and Winslow, JJ.