Beck v. City of Niagara Falls

Beck v City of Niagara Falls (2022 NY Slip Op 04438)
Beck v City of Niagara Falls
2022 NY Slip Op 04438
Decided on July 8, 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 July 8, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: PERADOTTO, J.P., LINDLEY, CURRAN, AND WINSLOW, JJ.

104 CA 20-01564

[*1]DANIEL J. BECK AND DEBRA BECK, PLAINTIFFS-RESPONDENTS,

v

CITY OF NIAGARA FALLS, ET AL., DEFENDANTS, AND SIMFALL, LLC, DEFENDANT-APPELLANT.




GOLDBERG SEGALLA LLP, BUFFALO (MEGHAN M. BROWN OF COUNSEL), FOR DEFENDANT-APPELLANT.

FRANCIS M. LETRO, ATTORNEYS AND COUNSELORS AT LAW, BUFFALO (CAREY C. BEYER OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.



Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered November 6, 2020. The order denied the motion of defendant Simfall, LLC, for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on June 1, 2022,

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

Entered: July 8, 2022

Ann Dillon Flynn

Clerk of the Court