Kittinger v Sabuda
2020 NY Slip Op 01806 [181 AD3d 1219]
March 13, 2020
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2020


[*1]
 Kenneth Kittinger et al., Respondents,
v
James Sabuda, Appellant, et al., Defendant.

Rupp Baase Pfalzgraf Cunningham LLC, Buffalo (Jeffrey F. Baase of counsel), for defendant-appellant.

Ramos & Ramos, Buffalo (Joseph L. Nicastro of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered October 16, 2019. The order, among other things, granted plaintiff's motions to compel the production of certain discovery.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on March 3, 2020,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Peradotto, J.P., Carni, Lindley, Curran and Troutman, JJ.