| DJP Dev., LLC v Macerich Niagara, LLC |
| 2025 NY Slip Op 02500 [237 AD3d 1571] |
| April 25, 2025 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| DJP Development, LLC,
Respondent, v Macerich Niagara, LLC, Appellant, et al., Defendants. (Appeal No. 2.) |
Magavern Magavern Grimm LLP, Buffalo (Edward J. Markarian of counsel), for defendant-appellant.
Phillips Lytle LLP, Rochester (Chad W. Flansburg of counsel), for plaintiff-respondent.
Appeal from a judgment of the Supreme Court, Niagara County (Emilio Colaiacovo, J.), entered December 5, 2023. The judgment, inter alia, awarded plaintiff money damages against defendant Macerich Niagara, LLC.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on April 3, 2025,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Lindley, J.P., Montour, Ogden, Greenwood and Keane, JJ.