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HOPKINS v. MORREALE

793 CA 22-00067.

210 A.D.3d 1434 (2022)

176 N.Y.S.3d 511

2022 NY Slip Op 06371

Todd Hopkins, Respondent, v. Robert C. Morreale et al., Appellants.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided November 10, 2022.

Attorney(s) appearing for the Case

GERBER CIANO KELLY BRADY, LLP, BUFFALO ( ARLOW LINTON OF COUNSEL, FOR DEFENDANTS-APPELLANTS.

HUTCHESON, AFFRONTI & DEISINGER, P.C., NIAGARA FALLS ( MARK R. AFFRONTI OF COUNSEL, FOR PLAINTIFF-RESPONDENT.

Present—Lindley, J.P., NeMoyer, Winslow, Bannister and Montour, JJ.

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered October 15, 2021. The order, insofar as appealed from, denied the motion of defendants for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 5, 2022,

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

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