Beck v City of Niagara Falls
2022 NY Slip Op 03812 [206 AD3d 1664]
June 10, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 3, 2022


[*1]
 Daniel J. Beck et al., Respondents,
v
City of Niagara Falls et al., Defendants, and M&M Property Enterprises, Inc., Appellant.

Kenney Shelton Liptak Nowak LLP, Buffalo (Justin L. Hendricks of counsel), for defendant-appellant.

Francis M. Letro, Attorneys and counselors at Law, Buffalo (Carey C. Beyer of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered November 6, 2020. The order denied the motion of defendant M&M Property Enterprises, Inc., for summary judgment dismissing the complaint and all cross claims against it.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on May 26, 2022,

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