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Hassett v Buffalo Chop House, Inc., 2018 NY Slip Op 03042 [160 AD3d 1487]

April 27, 2018

Appellate Division, Fourth Department

[*1]

Barry J. Hassett, Appellant-Respondent,

v

Buffalo Chop House, Inc., et al., Respondents-Appellants.

Dolce Panepinto, P.C., Buffalo (Sean E. Cooney of counsel), for plaintiff-appellant-respondent.

Sugarman Law Firm, LLP, Buffalo (Michael A. Riehler of counsel), for defendants-respondents-appellants.

Appeal and cross appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered August 29, 2017. The order denied the motion of plaintiff and the cross motion of defendants for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 13, 2018, It is hereby ordered that said appeal and cross appeal are unanimously dismissed without costs upon stipulation. Present—Smith, J.P., DeJoseph, Curran and Winslow, JJ..