November 8, 2013
TODD LAIRD, PLAINTIFF-RESPONDENT,
PBS HOSPITALITY, INC., DEFENDANT-APPELLANT, CHAMPION OF GENEVA, LLC AND SERENITY MANOR APARTMENTS, DEFENDANTS-RESPONDENTS.
Appeal from an order of the Supreme Court, Ontario County (Craig J. Doran, A.J.), entered January 7, 2013. The order, among other things, denied in part the motion of defendant PBS Hospitality, Inc. for summary judgment dismissing the complaint and all cross claims against it.
KNYCH & WHRITENOUR, LLC, SYRACUSE (BRENDAN J. REAGAN OF COUNSEL), FOR DEFENDANT-APPELLANT.
CELLINO & BARNES, P.C., ROCHESTER (RICHARD P. AMICO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
LECLAIR KORONA GIORDANO & COLE, LLP, ROCHESTER (LAURIE A. GIORDANO OF COUNSEL), FOR DEFENDANTS-RESPONDENTS. Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 21, 2013,
PRESENT: SCUDDER, P.J., FAHEY, PERADOTTO, LINDLEY, AND VALENTINO, JJ.
It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.