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MASSA CONSTR., INC. v. MEANEY

631/22CA 21-00779.

213 A.D.3d 1212 (2023)

181 N.Y.S.3d 502

2023 NY Slip Op 00546

Massa Construction, Inc., Appellant, v. James Meaney, Also Known as The Geneva Believer, Respondent. (Appeal No. 1.).

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

Decided February 3, 2023.

Attorney(s) appearing for the Case

BARCLAY DAMON LLP, ROCHESTER ( MARK T. WHITFORD, JR. , OF COUNSEL), FOR PLAINTIFF-APPELLANT.

GREENBERG TRAURIG, LLP, ALBANY ( MICHAEL J. GRYGIEL OF COUNSEL), AND CORNELL LAW SCHOOL FIRST AMENDMENT CLINIC, ITHACA ( CHRISTINA N. NEITZEY OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Smith, J.P., Centra, Lindley, Curran and Winslow, JJ.

Appeal from an order of the Supreme Court, Ontario County (Brian D. Dennis, A.J.), entered May 13, 2021. The order, among other things, granted defendant's motion for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on January 6 and 19, 2023,

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

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