| State of New York v Foit-Albert Assoc., Architecture, Eng'g & Land Surveying, P.C. |
| 2020 NY Slip Op 00696 [179 AD3d 1448] |
| January 31, 2020 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| State of New York, Plaintiff, and New York State
Thruway Authority, Appellant, v Foit-Albert Associates, Architecture, Engineering and Land Surveying, P.C., Respondent. |
The Law Firm of Janice M. Iati, P.C., Pittsford (Janice M. Iati of counsel), for plaintiff-appellant.
Sugarman Law Firm, LLP, Buffalo (Brian Sutter of counsel), for defendant-respondent.
Appeal from an order of the Supreme Court, Erie County (John L. Michalski, A.J.), entered May 21, 2019. The order, among other things, denied the motion of plaintiffs seeking, inter alia, summary judgment.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on December 30, 2019,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Centra, Lindley, Troutman and Winslow, JJ.