Appellate Division of the Supreme Court of New York, 2021

Mast v. Leichtman

Mast v. Leichtman
Appellate Division of the Supreme Court of New York · Decided October 1, 2021
198 A.D.3d 1323; 152 N.Y.S.3d 362; 2021 NY Slip Op 05223
Mast v. Leichtman

Opinion

Mast v Leichtman (2021 NY Slip Op 05223)
Mast v Leichtman
2021 NY Slip Op 05223
Decided on October 1, 2021
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 October 1, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., NEMOYER, CURRAN, BANNISTER, AND DEJOSEPH, JJ.

761.1 CA 20-01198

[*1]JAYME A. MAST, PLAINTIFF-RESPONDENT,

v

MICHELLE D. LEICHTMAN, AS EXECUTOR OF THE ESTATE OF GERARD A. DESIMONE, DECEASED, DEFENDANT-APPELLANT.




THOMAS P. DURKIN, BUFFALO, FOR DEFENDANT-APPELLANT.

NICHOLAS J. SHEMIK, WILLIAMSVILLE, FOR PLAINTIFF-RESPONDENT.



Appeal from an order of the Supreme Court, Erie County (Paul Wojtaszek, J.), entered August 10, 2020. The order denied the motion of defendant to preclude certain trial testimony.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on July 28, 2021,

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

Entered: October 1, 2021

Ann Dillon Flynn

Clerk of the Court



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