| Royster v Breakwaters Townhomes Assn. of Buffalo, Inc. |
| 2022 NY Slip Op 00590 [201 AD3d 1352] |
| January 28, 2022 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Michael Royster, Respondent, v Breakwaters Townhomes Association of Buffalo, Inc., Appellant. (Appeal No. 1.) |
Pillinger Miller Tarallo, LLP, Syracuse (Jacqueline R. Garren of counsel), for defendant-appellant.
Marsh Ziller LLP, Buffalo (Linda Marsh of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Erie County (Mark A. Montour, J.), entered October 20, 2020. The order denied defendant's motion for leave to file its jury demand nunc pro tunc.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on December 17, 2021,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Peradotto, J.P., Carni, Lindley, Curran and Bannister, JJ.