| Mackay v 155 E. Main St., LLC |
| 2021 NY Slip Op 01912 [192 AD3d 1678] |
| March 26, 2021 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Darryl L. Mackay et al., Plaintiffs, v 155 East Main St., LLC, et al., Defendants. 155 East Main St., LLC, Third-Party Plaintiff-Appellant, v DHD Ventures Management Company, Inc., Third-Party Defendant, and Comfort Systems USA (Syracuse), Inc., Doing Business as Billone Mechanical Contractors, Third-Party Defendant-Respondent. (Appeal No. 2.) |
Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (David M.G. Katz of counsel), for third-party plaintiff-appellant.
Barclay Damon LLP, Rochester (Robert M. Shaddock of counsel), for third-party defendant-respondent.
Appeal from an order of the Supreme Court, Monroe County (James J. Piampiano, J.), entered August 7, 2019. The order denied defendant/third-party plaintiff's motion for summary judgment against third-party defendant Comfort Systems USA (Syracuse), Inc., doing business as Billone Mechanical Contractors.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on July 8 and August 12, 2020,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Centra, Lindley, Curran and DeJoseph, JJ.