Lord v Whelan & Curry Constr. Servs., Inc., 2024 NY Slip Op 03241 [228 AD3d 1222]

June 14, 2024

Appellate Division, Fourth Department

[*1]

Charles E. Lord, Respondent,

v

Whelan and Curry Construction Services, Inc., et al., Appellants.

Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Edward J. Smith, III, of counsel), for defendants-appellants.

Wegerski Law Firm, Brewerton (John P. Wegerski of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Gregory R. Gilbert, J.), entered June 6, 2022. The order, inter alia, denied defendants’ motion seeking to compel plaintiff to comply with the terms of his duly executed General Release in this matter by executing a Section 32 Agreement.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on May 21 and 22, 2024, It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Lindley, J.P., Montour, Ogden and Greenwood, JJ..