SEIFTER v. MASSAGE ENVY FRANCHISING LLC LLC BKN LLC CCW LLC TME LLC VCC LLC HWGA LLC (2024)

Supreme Court, Appellate Division, Fourth Department, New York.

Melissa SEIFTER, Plaintiff-Appellant, v. MASSAGE ENVY FRANCHISING, LLC, Massage Envy, LLC, BKN Enterprises, LLC, CCW Group, LLC, TME Associates, LLC, VCC Associates, LLC, HWGA Affiliates, LLC, Rachel Bandych, David Bandych, Jane Newhouse, Defendants-Respondents. et al., Defendants.

344 Decided: May 03, 2024

PRESENT: SMITH, J.P., BANNISTER, MONTOUR, GREENWOOD, AND NOWAK, JJ.

SMITH SOVIK KENDRICK & SUGNET, P.C., SYRACUSE (CHRISTOPHER F. DEFRANCESCO OF COUNSEL), FOR PLAINTIFF-APPELLANT. HANCOCK ESTABROOK, LLP, UTICA (JOHN L. MURAD OF COUNSEL), FOR DEFENDANTS-RESPONDENTS MASSAGE ENVY FRANCHISING, LLC, AND MASSAGE ENVY, LLC. MACKENZIE HUGHES LLP, SYRACUSE (JOSEPH G. FARRELL OF COUNSEL), FOR DEFENDANTS-RESPONDENTS BKN ENTERPRISES, LLC, CCW GROUP, LLC, TME ASSOCIATES, LLC, VCC ASSOCIATES, LLC, HWGA AFFILIATES, LLC, RACHEL BANDYCH, DAVID BANDYCH, AND JANE NEWHOUSE.

ORDER

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on March 25 and 27, 2024, and April 2, 2024,

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

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