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Merchant Capital v Resurgence Cal., LLC, 2024 NY Slip Op 00508 [224 AD3d 1229]

February 2, 2024

Appellate Division, Fourth Department

[*1]

Merchant Capital, Respondent,

v

Resurgence California, LLC, Doing Business as Resurgence California, et al., Appellants.

Colonna Cohen Law, PLLC, Brooklyn (Ashlee Colonna Cohen of counsel), for defendants-appellants.

Berkovitch & Bouskila, PLLC, Pomona (Ariel Bouskila of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Ontario County (Craig J. Doran, J.), entered October 18, 2022. The order, among other things, granted plaintiff’s motion for summary judgment and denied defendants’ cross-motion to amend their answer.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 19, 2023, It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Bannister, Greenwood and Keane, JJ..