O'Harrow v Cascades Can., Inc.
2022 NY Slip Op 02725 [204 AD3d 1455]
April 22, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 1, 2022


[*1]
 Seth O'Harrow, Respondent,
v
Cascades Canada, Inc., et al., Respondents, and Valmet, Inc., Formerly Known as Metso Paper USA, Inc., Appellant, et al., Defendants.

Gibson, McAskill & Crosby LLP, Buffalo (Robert G. Scumaci of counsel), for defendant-appellant.

Cellino Law, LLP, Buffalo (Gregory V. Pajak of counsel), for plaintiff-respondent.

Mulholland Minion Davey McNiff & Beyrer, Williston Park (Eric N. Bailey of counsel), for defendants-respondents Cascades Canada, Inc., and others.

Smith Sovik Kendrick & Sugnet, P.C., Syracuse (Daniel R. Ryan of counsel), for defendant-respondent Laframboise Group, Ltd.

Hurwitz & Fine, P.C., Buffalo (Steven Peiper of counsel), for defendant Ksh Solutions, Inc.

Law Offices of Destin C. Santacrose, Buffalo (Richard S. Poveromo of counsel), for defendant Lotus Group, USA, Inc., Doing Business as Lotusworks.

Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boneillo, III, J.), entered September 2, 2020. The order denied the motion of defendant Valmet, Inc., formerly known as Metso Paper USA, Inc. for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on March 31, 2022,

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