HERRERA v. NC LOFTS HOUS. DEV. FUND CORP.

151 CA 22-00365.

213 A.D.3d 1212 (2023)

181 N.Y.S.3d 481

2023 NY Slip Op 00544

Walter O. Herrera, Respondent, v. NC Lofts Housing Development Fund Corporation et al., Appellants.

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

Decided February 3, 2023.


Attorney(s) appearing for the Case

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO ( JILL R. ROLOFF OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO ( JOHN A. COLLINS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Whalen, P.J., Lindley, Curran, Bannister and Montour, JJ.


Appeal from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered February 22, 2022. The order, among other things, denied in part defendants' motion for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on December 1, 2022,

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

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