| U.S. Bank N.A. v CCCF Riv. Glen Holdings, Inc. |
| 2019 NY Slip Op 09186 [178 AD3d 1442] |
| December 20, 2019 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| U.S. Bank National Association, as Trustee for the Registered
Holders of Banc of America Commercial Mortgage Inc., Commercial Mortgage Pass-Through
Certificates, Series 2006-2, Acting by and through its Special Servicer C-III Asset Management
LLC, Appellant, v CCCF River Glen Holdings, Inc., et al., Respondents, et al., Defendant. (Appeal No. 1.) |
Kilpatrick Townsend & Stockton LLP, New York City (Keith M. Brandofino of counsel), for plaintiff-appellant.
Costello, Cooney & Fearon, PLLC, Camillus (Anthony R. Hanley of counsel), for defendant-respondent CCCF River Glen Holdings, Inc.
J. Greenberger, PLLC, New York City (Jordan Greenberger of counsel), for defendant-respondent Kmart Corporation.
Bond, Schoeneck & King, PLLC, Syracuse (Brian J. Butler of counsel), for defendant-respondent Cayuga Community College.
Appeal from an order of the Supreme Court, Oswego County (James W. McCarthy, J.), entered June 14, 2018. The order, among other things, denied those parts of plaintiff's motion to partially discontinue this action solely as against defendants Kmart Corporation and Cayuga Community College and to amend and modify the judgment of foreclosure and sale by removing Kmart Corporation and Cayuga Community College as defendants.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Peradotto, DeJoseph, NeMoyer and Troutman, JJ.