Ashkar v Estate of Nelson
2022 NY Slip Op 04233 [207 AD3d 1027] [207 AD3d 1027]
July 1, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 31, 2022


[*1]
 Sueria Ashkar, Appellant,
v
Estate of Robert Nelson, Deceased, et al., Defendants, and 700 N. Salina Street, LLC, Doing Business as Attilios Ristorante, Respondent.

Sidney P. Cominsky, LLC, Syracuse (Sidney P. Cominsky of counsel), for plaintiff-appellant.

Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Kevin E. Hulslander of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Gerard J. Neri, J.), entered March 1, 2021. The order granted the motion of defendant 700 N. Salina Street, LLC, doing business as Attilios Ristorante for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on April 21, 2022,

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