| Polizzi v Gambacorta |
| 2025 NY Slip Op 06447 [243 AD3d 1297] |
| November 21, 2025 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Michelle Polizzi et al., Respondents, v Emanuel Gambacorta, D.D.S., P.C., Doing Business as Gambacorta Dental Associates, Defendant, and Michael LaMastra, D.D.S., Appellant. |
Gibson, McAskill & Crosby, LLP, Buffalo (Amanda C. Rossi of counsel), for defendant-appellant.
Brown Chiari LLP, Buffalo (Andrea N. Conjerti of counsel), for plaintiffs-respondents.
Appeal from an order of the Supreme Court, Erie County (Mark J. Grisanti, A.J.), entered July 10, 2024. The order, insofar as appealed from, denied in part the motion of defendant Michael LaMastra, D.D.S., for summary judgment.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on August 29, 2025,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Curran, J.P., Bannister, Ogden, DelConte and Hannah, JJ.