WINTERMUTE v. PALONE ENTERS., LLC

605 CA 23-00234.

2024 NY Slip Op 00517

HOWARD WINTERMUTE, Plaintiff-Respondent, v. PALONE ENTERPRISES, LLC, Defendant-Appellant, ET AL., Defendants.

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

Decided February 2, 2024.


Attorney(s) appearing for the Case

BARCLAY DAMON LLP, ROCHESTER ( DAVID M. FULVIO OF COUNSEL), FOR DEFENDANT-APPELLANT.

LAW OFFICES OF KENNETH HILLER, PLLC, AMHERST ( TIMOTHY E. HILLER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: WHALEN, P.J., CURRAN, MONTOUR, OGDEN, AND DELCONTE, JJ.


Appeal from an order of the Supreme Court, Seneca County (Barry L. Porsch, A.J.), entered August 17, 2022. The order, insofar as appealed from, denied that part of the motion of defendants seeking summary judgment dismissing the complaint against defendant Palone Enterprises, LLC.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on September 26 and November 13, 2023.

It is hereby ORDERED that said appeal...

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