Withiam-Leitch v Sorenson, 2024 NYSlipOp 01438 [225 AD3d 1184]

March 15, 2024

Appellate Division, Fourth Department

[*1]

Sherry Withiam-Leitch, as Executor of the Estate of Frank M. Leitch, Deceased, Respondent,

v

Lynda M. Sorenson et al., Appellants.

Viola Cummings & Lindsay, LLP, Niagara Falls (Michael J. Skoney of counsel), for defendants-appellants.

Kenney Shelton Liptak Nowak LLP, Buffalo (Amanda L. Machacek of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Niagara County (Frank A. Sedita, III, J.), entered April 8, 2022. The order denied the motion of defendants for summary judgment dismissing the complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on January 24, 2024, It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Curran, Montour, DelConte and Keane, JJ..