| Mast v Leichtman |
| 2021 NY Slip Op 05223 [198 AD3d 1323] |
| October 1, 2021 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Jayme A. Mast, Respondent, v Michelle D. Leichtman, as Executor of the Estate of Gerard A. DeSimone, Deceased, Appellant. |
Thomas P. Durkin, Buffalo, for defendant-appellant.
Nicholas J. Shemik, Williamsville, for plaintiff-respondent.
Appeal from an order of the Supreme Court, Erie County (Paul Wojtaszek, J.), entered August 10, 2020. The order denied the motion of defendant to preclude certain trial testimony.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on July 28, 2021,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., NeMoyer, Curran, Bannister and DeJoseph, JJ.