Garden Vil. Apts., LLC v CSC Serviceworks, Inc.
2022 NY Slip Op 07400 [211 AD3d 1631]
December 23, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 8, 2023


[*1]
 Garden Village Apartments, LLC, et al., Appellants,
v
CSC Serviceworks, Inc., Respondent.

Duke, Holzman, Photiadis & Gresens LLP, Buffalo (Christopher M. Berloth of counsel), for plaintiffs-appellants.

Barclay Damon LLP, Buffalo (James P. Milbrand of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered December 27, 2021. The order granted the motion of defendant to dismiss the complaint and dismissed the complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on December 1, 2022,

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