Clark v Azzaher Real Estate, LLC

Clark v Azzaher Real Estate, LLC 2015 NY Slip Op 01338 Decided on February 13, 2015 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 February 13, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, CENTRA, LINDLEY, AND VALENTINO, JJ.
149 CA 14-01329

[*1]MELISSA CLARK, PLAINTIFF-RESPONDENT,

v

AZZAHER REAL ESTATE, LLC, DEFENDANT-APPELLANT.

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered May 30, 2014 in a personal injury action. The order denied defendant's motion for summary judgment dismissing the complaint.

GANNON, ROSENFARB, & DROSSMAN, NEW YORK CITY (LISA L. GOKHULSINGH OF COUNSEL), FOR DEFENDANT-APPELLANT.

CELLINO & BARNES, P.C., BUFFALO (DENIS J. BASTIBLE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Now, upon reading and filing the stipulation withdrawing appeal signed by attorneys for the parties on February 5 and 6, 2015,

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

Entered: February 13, 2015

Frances E. Cafarell

Clerk of the Court