
    Gary R. Ryan et al., Respondents, et al., Plaintiff, v Kips Bay Associates, Inc., Doing Business as B’Ville Diner, Appellant.
    [864 NYS2d 361]
   Appeal from an order of the Supreme Court, Onondaga County (James P. Murphy, J.), entered November 2, 2007 in a negligence action. The order denied the motion of defendant for summary judgment dismissing the complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on May 22, 2008,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Lunn, Fahey and Peradotto, JJ.  