Firestone Fin., LLC v Panos Fitness of Greece, LLC, 2024 NY Slip Op 03305 [228 AD3d 1349]

June 14, 2024

Appellate Division, Fourth Department

[*1]

Firestone Financial, LLC, Appellant,

v

Panos Fitness of Greece, LLC, et al., Respondents, et al., Defendants.

Hancock Estabrook, LLP, Syracuse (Ryan M. Poplawski of counsel) and Halloran & Sage, LLP, New York City, for plaintiff-appellant.

Lynn D’Elia Temes & Stanczyk, Syracuse (David C. Temes of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Onondaga County (Joseph E. Lamendola, J.), entered July 7, 2023. The order denied plaintiff’s motion for severance.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 29, 2024, It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Bannister, Montour, Greenwood and Nowak, JJ..