Skip to content

Wintermute v Palone Enters., LLC, 2024 NY Slip Op 00518 [224 AD3d 1231]

February 2, 2024

Appellate Division, Fourth Department

[*1]

Robert Wintermute, Respondent,

v

Palone Enterprises, LLC, Appellant, et al., Defendants.

Barclay Damon LLP, Rochester (David M. Fulvio of counsel), for defendant-appellant.

Law Offices of Kenneth Hiller, PLLC, Amherst (Timothy E. Hiller of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Seneca County (Barry L. Porsch, A.J.), entered August 17, 2022. The order, insofar as appealed from, denied that part of the motion of defendants seeking summary judgment dismissing the complaint against defendant Palone Enterprises, LLC.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on September 26 and November 13, 2023, It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Curran, Montour, Ogden and DelConte, JJ..