DEWOLFF PARTNERSHIP ARCHITECTS, LLP v. NOJAY, WILLIAM R. ( 2016 )

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1200 CA 16-00718 PRESENT: CENTRA, J.P., CARNI, NEMOYER, CURRAN, AND TROUTMAN, JJ. DEWOLFF PARTNERSHIP ARCHITECTS, LLP, PLAINTIFF-RESPONDENT, V ORDER ESCROW AGENT FOR A CERTAIN ESCROW ACCOUNT TO WHICH PLAINTIFF IS A BENEFICIARY, WILLIAM R. NOJAY, ESCROWEE, DEFENDANT, AND KING HUSSEIN INSTITUTE FOR BIOTECHNOLOGY AND CANCER, DEFENDANT-APPELLANT. WHITE & CASE, WASHINGTON, DC (CLAIRE A. DELELLE OF COUNSEL), FOR DEFENDANT-APPELLANT. ERNSTROM & DRESTE, LLP, ROCHESTER (JOHN W. DRESTE OF COUNSEL), AND DEHM LAW FIRM, P.C., PITTSFORD, FOR PLAINTIFF-RESPONDENT. SHULTS & SHULTS, HORNELL (DAVID A. SHULTS OF COUNSEL), FOR DEFENDANT. Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered February 22, 2016. The order, inter alia, granted the cross motion of plaintiff for summary judgment. Now, upon the stipulation of discontinuance signed by the attorneys for the parties on August 9 and 10, 2016, and filed in the Monroe County Clerk’s Office on August 11, 2016, It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation. Entered: December 23, 2016 Frances E. Cafarell Clerk of the Court