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Links at Black Creek, LLC v. Ballantyne Development

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


February 6, 2009

THE LINKS AT BLACK CREEK, LLC, PLAINTIFF-APPELLANT,
v.
BALLANTYNE DEVELOPMENT, LLC, ET AL., DEFENDANTS, AND REXFORD-ALBANY MUNICIPAL SUPPLY COMPANY, INC., DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered June 29, 2007. The order denied in part plaintiff's motion for summary judgment.

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.

PRESENT: SCUDDER, P.J., HURLBUTT, CENTRA, AND GORSKI, JJ.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on December 17, 2008,

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

20090206

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