Rupp Pfalzgraf LLC, Rochester (Kevin J. Federation of counsel), for defendant-appellant.

Fessenden Laumer & DeAngelo, PLLC, Jamestown (Mary B. Schiller of counsel), for plaintiff-respondent.

Law Offices of John Wallace, Hartford, Connecticut (Jordyn M. Phillips of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Chautauqua County (Stephen W. Cass, A.J.), entered August 8, 2023. The order denied in part the motion of defendant Painting Unlimited of Jamestown, Inc., for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on December 21, 2023,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Lindley, J.P., Curran, Bannister, Greenwood and Nowak, JJ.