DeWolff Partnership Architects, LLP v Nojay

DeWolff Partnership Architects, LLP v Nojay 2016 NY Slip Op 08734 Decided on December 23, 2016 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 December 23, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., CARNI, NEMOYER, CURRAN, AND TROUTMAN, JJ.
1200 CA 16-00718

[*1]DEWOLFF PARTNERSHIP ARCHITECTS, LLP, PLAINTIFF-RESPONDENT, ESCROW AGENT FOR A CERTAIN ESCROW ACCOUNT TO W ,

v

HICHPLAINTIFF IS ABENEFICIARY WILLIAM R. NOJAY, ESCROWEE, DEFENDANT, AND KING HUSSEIN INSTITUTE FOR BIOTECHNOLOGY AND CANCER, DEFENDANT-APPELLANT.

WHITE & CASE, WASHINGTON, DC (CLAIRE A. DELELLE OF COUNSEL), FOR DEFENDANT-APPELLANT.

ERNSTROM & DRESTE, LLP, ROCHESTER (JOHN W. DRESTE OF COUNSEL), AND DEHM LAW FIRM, P.C., PITTSFORD, FOR PLAINTIFF-RESPONDENT.

SHULTS & SHULTS, HORNELL (DAVID A. SHULTS OF COUNSEL), FOR DEFENDANT.

Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered February 22, 2016. The order, inter alia, granted the cross motion of plaintiff for summary judgment.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on August 9 and 10, 2016, and filed in the Monroe County Clerk's Office on August 11, 2016,

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

Entered: December 23, 2016

Frances E. Cafarell

Clerk of the Court