Ramirez-Hernandez v Bloomingdale, 2023 NY Slip Op 00536 [213 AD3d 1209]

February 3, 2023

Appellate Division, Fourth Department

[*1]

Carlos Ramirez-Hernandez, Respondent,

v

Andrew C. Bloomingdale et al., Defendants, and Mavis Tire Supply, LLC, Appellant. (Appeal No. 1.)

Chelus, Herdzik, Speyer & Monte, P.C., Buffalo (Thomas P. Kawalec of counsel), for defendant-appellant.

Andruschat Law Firm, Buffalo (Timothy J. Andruschat of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (John B. Licata, J.), entered March 16, 2022. The order denied the motion of defendant Mavis Tire Supply, LLC seeking leave to serve a demand for a jury trial.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on December 1, 2022, It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Peradotto, J.P., Lindley, Bannister, Montour and Ogden, JJ.

[Prior Case History: 75 Misc 3d 249.].