Kenney Shelton Liptak Nowak LLP, Buffalo (Nelson E. Schule, Jr., of counsel), for defendants-appellants.

Law Office of Eric B. Grossman, Williamsville (Eric B. Grossman of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Catherine R. Nugent Panepinto, J.), entered January 7, 2021. The order, among other things, denied the motion of defendants Kathleen Leboy and Maxiamillion M. Hernandez to dismiss the action and vacate a prior order granting plaintiff summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on November 18, 2021,

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