Karen Collins, as Executor of William Allen Collins, Deceased, Appellant-Respondent, v. Millennium Development, LLC, et al., Respondents-Appellant; Eagle Builders LLC, Third-Party Plaintiff-Appellant, v. Joseph Barone Construction Corp., Third-Party Defendant-Respondent/Fourth-Party Plaintiff-Respondent. Superior Steel, Inc., Fourth-Party Defendant-Appellant

Karen Collins, as Executor of William Allen Collins, Deceased, Appellant-Respondent, v Millennium Development, LLC, et al., Respondents-Appellant. Eagle Builders LLC, Third-Party Plaintiff-Appellant, v Joseph Barone Construction Corp., Third-Party Defendant-Respondent/Fourth-Party Plaintiff-Respondent. Superior Steel, Inc., Fourth-Party Defendant-Appellant. [51 NYS3d 483] [MAJORITY] Appeal and cross appeals from an order of the Supreme Court, Oneida County (Patrick F. MacRae, J.), entered December 26, 2013. The order, among other things, denied plaintiff’s motion for summary judgment, denied in part defendants’ motion for summary judgment, denied in part third-party defendant’s motion for summary judgment, and denied fourth-party defendant’s motion for summary judgment. Now, upon the stipulation of discontinuance signed by the attorneys for the parties on November 6, 2016, and filed in the Oneida County Clerk’s Office on December 5, 2016, It is hereby ordered that said appeal and cross appeals are unanimously dismissed without costs upon stipulation. Present — Centra, J.P., Peradotto, Carni, Lindley and DeJoseph, JJ.