Withiam-Leitch v Sorenson
2024 NYSlipOp 01438
March 15, 2024
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 1, 2024


[*1]
 Sherry Withiam-Leitch, as Executor of the Estate of Frank M. Leitch, Deceased, Respondent,
v
Lynda M. Sorenson et al., Appellants.

Viola Cummings & Lindsay, LLP, Niagara Falls (Michael J. Skoney of counsel), for defendants-appellants.

Kenney Shelton Liptak Nowak LLP, Buffalo (Amanda L. Machacek of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Niagara County (Frank A. Sedita, III, J.), entered April 8, 2022. The order denied the motion of defendants for summary judgment dismissing the complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on January 24, 2024,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Curran, Montour, DelConte and Keane, JJ.