Atwal v Semkiw
2024 NY Slip Op 05746
Decided on November 15, 2024
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 November 15, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: LINDLEY, J.P., CURRAN, BANNISTER, NOWAK, AND HANNAH, JJ.

824 CA 23-01829

[*1]EPHRAIM ATWAL AND SANDESH SINGH, PLAINTIFFS-RESPONDENTS,

v

BRIAN SEMKIW, RUI MENDES AND BLAIR BAKER, DEFENDANTS-APPELLANTS.




BARCLAY DAMON LLP, BUFFALO (NICHOLAS J. DICESARE OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

PHILLIPS LYTLE LLP, BUFFALO (ALAN J. BOZER OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.



Appeal from an order of the Supreme Court, Erie County (Emilio Colaiacovo, J.), entered October 20, 2023. The order, among other things, denied defendants' motion for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 18, 2024,

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

Entered: November 15, 2024

Ann Dillon Flynn

Clerk of the Court