Goldberg Segalla LLP, Buffalo (Meghan M. Brown of counsel), for defendant-appellant.

Dolce Firm, Buffalo (Sean Cooney of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Mark J. Grisanti, A.J.), entered August 13, 2020. The order, among other things, granted plaintiff's motion for partial summary judgment and denied in part defendant's cross motion for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 23, 2021,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Centra, J.P., Carni, NeMoyer, Winslow and Bannister, JJ.