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Andruszko v Harrington, 2021 NY Slip Op 06288 [199 AD3d 1401]

November 12, 2021

Appellate Division, Fourth Department

[*1]

Andrew L. Andruszko, as Administrator of the Estate of Lynn M. Andruszko, Deceased, Plaintiff,

v

Michael P. Harrington et al., Defendants/Third-Party Plaintiffs-Respondents. Peter Kay Auto Sales, Inc., Third-Party Defendant-Appellant.

Chelus, Herdzik, Speyer & Monte, P.C., Buffalo (Michael J. Chmiel of counsel), for third-party defendant-appellant.

Hagelin Spencer LLC, Buffalo (Sean M. Spencer of counsel), for third-party plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (Dennis Ward, J.), entered January 12, 2021. The order denied the motion of third-party defendant for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 6, 2021, It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Smith, Lindley, Curran and DeJoseph, JJ..