| Myers v Invacare Corp. |
| 2022 NY Slip Op 00549 [201 AD3d 1306] |
| January 28, 2022 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Gary Myers et al., Respondents, v Invacare Corporation, Defendant, Reliant Pharmacy Corp. et al., Respondents, and Kaleida Health et al., Appellants. (Appeal No. 3.) |
Gibson, McAskill & Crosby, LLP, Buffalo (Robert D. Barone of counsel), for defendants-appellants.
Dolce Firm, P.C., Buffalo (Anne M. Wheeler of counsel), for plaintiffs-respondents.
Bargnesi Britt, PLLC, Buffalo (Jason T. Britt of counsel), for defendants-respondents.
Monaco Cooper Lamme & Carr, PLLC, Albany (Adam H. Cooper of counsel), for defendant.
Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered December 7, 2020. The order granted the motion of defendants-appellants for leave to reargue and upon reargument the court adhered to its original decision as set forth in the order of the court entered September 8, 2020.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on December 14, 2021,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Peradotto, J.P., Lindley, Winslow and Bannister, JJ.