905 Ackerman Ave., LLC v State Farm Fire & Cas. Co.
2023 NY Slip Op 05913 [221 AD3d 1583]
November 17, 2023
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 10, 2024


[*1]
 905 Ackerman Avenue, LLC, Respondent,
v
State Farm Fire and Casualty Company, Appellant, et al., Defendant.

Hurwitz Fine, P.C., Buffalo (Scott D. Storm of counsel), for defendant-appellant.

Lynn Law Firm, LLP, Syracuse (Martin A. Lynn of counsel), for plaintiff-respondent.

Costello, Cooney & Fearon, PLLC, Syracuse (Alexandra L. Condon of counsel), for defendant.

Appeal from an order of the Supreme Court, Onondaga County (Scott J. DelConte, J.), entered January 13, 2023. The order, among other things, denied defendant State Farm Fire and Casualty Company's motion seeking, inter alia, summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 24, 2023,

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