Royster v Breakwaters Townhomes Assn. of Buffalo, Inc.
2022 NY Slip Op 00591 [201 AD3d 1352]
January 28, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 9, 2022


[*1]
 Michael Royster, Respondent,
v
Breakwaters Townhomes Association of Buffalo, Inc., Appellant. (Appeal No. 2.)

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 a judgment of the Supreme Court, Erie County (Mark A. Montour, J.), entered March 3, 2021. The judgment awarded plaintiff $273,976.26 as against defendant.

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.