Building Science Servs., LLC v. Foss

Building Science Servs., LLC v Foss (2019 NY Slip Op 03221)

Building Science Servs., LLC v Foss

2019 NY Slip Op 03221

Decided on April 26, 2019

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 26, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, TROUTMAN, AND WINSLOW, JJ.

540 CA 18-01774

[*1]BUILDING SCIENCE SERVICES, LLC, PLAINTIFF-RESPONDENT,

v

THOMAS FOSS AND ACCESSIBILITY SERVICES/UNITED SPINAL ASSOCIATION, INC., DEFENDANTS-APPELLANTS.

WEBSTER SZANYI LLP, BUFFALO (ANDREW O. MILLER OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO (JEFFREY A. CARLINO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, III, J.), entered March 23, 2018. The order, inter alia, granted the motion of plaintiff for leave to amend its complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on April 8, 2019,

It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.

Entered: April 26, 2019

Mark W. Bennett

Clerk of the Court