Appeal from an order of the Supreme Court, Erie County (Tracey A. Bannister, J.), entered February 9, 2016. The order, among other things, denied in part the motion of defendants BG Thruway, LLC and DDR Corp. for summary judgment dismissing plaintiff’s complaint. Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on November 14, 2016,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation.
Present — Carni, J.P., Lindley, NeMoyer, Troutman and Scudder, JJ.