| Kennick v Patrick Dev., Inc. |
| 2020 NY Slip Op 03330 [184 AD3d 1135] |
| June 12, 2020 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Ronald Kennick, Jr., et al.,
Respondents-Appellants, v Patrick Development, Inc., Defendant, and Cannon Design, Inc., Appellant-Respondent. |
Rupp Baase Pfalzgraf Cunningham LLC, Buffalo (Jeffrey F. Baase of counsel), for defendant-appellant-respondent.
Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for plaintiffs-respondents-appellants.
Appeal and cross appeal from an order of the Supreme Court, Erie County (Mark A. Montour, J.), entered April 22, 2019. The order, among other things, denied in part the motion of defendant Cannon Design, Inc. for summary judgment and denied plaintiffs' cross motion for partial summary judgment.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on March 24, 2020,
It is hereby ordered that said appeal and cross appeal are unanimously dismissed without costs upon stipulation. Present—Lindley, J.P., Curran, Troutman and Bannister, JJ.