Minich v. Elliot

201 A.D.3d 1311, 158 N.Y.S.3d 664, 2022 NY Slip Op 00561

Opinion

Minich v Elliot (2022 NY Slip Op 00561)

Minich v Elliot

2022 NY Slip Op 00561

Decided on January 28, 2022

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 January 28, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CARNI, J.P., LINDLEY, NEMOYER, CURRAN, AND BANNISTER, JJ.

422 CA 20-01179

[*1]JACQUELINE M. MINICH AND DAVID MINICH, PLAINTIFFS-RESPONDENTS,

v

JENNIFER L. ELLIOT, DEFENDANT, THOMAS E. NOWAK AND COLLEEN M. NOWAK, DEFENDANTS-APPELLANTS.

NASH CONNORS, P.C., BUFFALO (JONATHAN D. COX OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO (MAX HUMANN OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Appeal from an order of the Supreme Court, Erie County (Dennis Ward, J.), entered May 18, 2020. The order, insofar as appealed from, denied the motion of defendants Thomas E. Nowak and Colleen M. Nowak for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on June 11, 2021,

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

Entered: January 28, 2022

Ann Dillon Flynn

Clerk of the Court