Neary v. St. Mary's Square Condominium Association

Summary

The New York Appellate Division, Fourth Department dismissed an appeal from an order denying a third-party defendant's motion for summary judgment in a condominium-related action. The appeal was dismissed without costs pursuant to the parties' stipulation of discontinuance.

Holdings

1. The appeal was unanimously dismissed without costs upon the parties' stipulation of discontinuance.

Questions Presented

1. Whether the appeal from the order denying third-party defendant's motion for summary judgment should be dismissed pursuant to the parties' stipulation of discontinuance.

Disposition

dismissed