McNider Mar., LLC v Yellowstone Capital, LLC
2021 NY Slip Op 06215 [199 AD3d 1301]
November 12, 2021
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 29, 2021


[*1]
 McNider Marine, LLC, et al., Respondents,
v
Yellowstone Capital, LLC, et al., Appellants.

Proskauer Rose LLP, New York City (Matthew J. Morris of counsel), for defendant-appellant Yellowstone Capital, LLC.

Wells & Mendelberg, PLLC, New York City (Gabriel Mendelberg of counsel), for defendant-appellant Yitzhak Stern.

Sher Tremonte LLP, New York City (Allegra Noonan of counsel), for defendant-appellant Tsvi Davis.

White and Williams LLP, New York City (Shane R. Heskin of counsel), for plaintiffs-respondents.

Appeals from an order of the Supreme Court, Erie County (Henry J. Nowak, J.), entered December 23, 2019. The order denied the motion of defendants to dismiss the amended complaint.

Now, upon reading and filing the stipulations of discontinuance signed by the attorneys for the parties on October 27, 2020 and October 21, 2021,

It is hereby ordered that said appeals are unanimously dismissed without costs upon stipulation. Present—Centra, J.P., Lindley, Curran, Bannister and DeJoseph, JJ. [Prior Case History: 2019 NY Slip Op 33418(U).]