New Y-Capp, Inc. v Yellowstone Capital, LLC
2023 NY Slip Op 01423 [214 AD3d 1359]
March 17, 2023
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 3, 2023


[*1]
 The New Y-Capp, Inc., et al., Appellants,
v
Yellowstone Capital, LLC, Respondent. (Appeal No. 2.)

White and Williams LLP, Philadelphia, Pennsylvania (Shane R. Heskin of counsel), for plaintiffs-appellants.

Murray Legal, PLLC, Mineola (Christopher R. Murray of counsel), for defendant-respondent.

Appeal from a judgment of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered December 23, 2021. The judgment dismissed the action.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on January 3, 2023,

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