Smith Sovik Kendrick & Sugnet P.C., Syracuse (Victor L. Prial of counsel), for defendants-appellants.

Gross Shuman P.C., Buffalo (Harry J. Forrest of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Daniel Furlong, J.), entered December 6, 2019. The order, inter alia, granted the motion of plaintiff for partial summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on January 15, 2021,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Peradotto, Curran, Bannister and DeJoseph, JJ.