| Bliss v Henry Schein, Inc. |
| 2025 NY Slip Op 03412 [239 AD3d 1267] |
| June 6, 2025 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Peter T. Bliss et al., Respondents, v Henry Schein, Inc., Defendant, and Midmark Corporation, Appellant. (Appeal No. 1.) |
Costello, Cooney & Fearon, PLLC, Syracuse (Christopher M. Militello of counsel), for defendant-appellant.
Kiley, Kiley & Kiley, PLLC, Lake Success (James D. Kiley of counsel), for plaintiffs-respondents.
Appeal from an order of the Supreme Court, Cattaraugus County (Terrence M. Parker, A.J.), entered November 9, 2023. The order, insofar as appealed from, denied the motion of defendant Midmark Corporation for summary judgment dismissing the complaint against it.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 4, 2025,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Curran, J.P., Montour, Smith, DelConte and Hannah, JJ.