Atwal v Semkiw, 2024 NY Slip Op 05746 [232 AD3d 1331]

November 15, 2024

Appellate Division, Fourth Department

[*1]

Ephraim Atwal et al., Respondents,

v

Brian Semkiw et al., Appellants.

Barclay Damon LLP, Buffalo (Nicholas J. Dicesare of counsel), for defendants-appellants.

Phillips Lytle LLP, Buffalo (Alan J. Bozer of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (Emilio Colaiacovo, J.), entered October 20, 2023. The order, among other things, denied defendants’ motion for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 18, 2024, It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Lindley, J.P., Curran, Bannister, Nowak and Hannah, JJ..