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Donna Lee Schmitz, As Executor of the Goods v. Caldwell & Cook

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


December 30, 2009

DONNA LEE SCHMITZ, AS EXECUTOR OF THE GOODS, CHATTELS AND CREDITS OF ROBERT J. SCHMITZ, DECEASED,
PLAINTIFF-RESPONDENT,
v.
CALDWELL & COOK, INC.,
DEFENDANT-RESPONDENT,
BEAM MACK SALES & SERVICE, INC., DOING BUSINESS AS CONWAY GMC VOLVO TRUCK DIVISION, DEFENDANT-APPELLANT, ET AL.,
DEFENDANT. CALDWELL & COOK, INC., ET AL.,
THIRD-PARTY PLAINTIFFS,
v.
MATTHEWS AND FIELDS OF HENRIETTA, INC., THIRD-PARTY DEFENDANT-RESPONDENT.

1038

PRESENT: MARTOCHE, J.P., SMITH, PERADOTTO, CARNI, AND GREEN, JJ.

ORDER

Appeal from an order and judgment (one paper) of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered July 20, 2008 in a wrongful death action. The order and judgment, insofar as appealed from, denied the motion of defendant Beam Mack Sales & Service, Inc., doing business as Conway GMC Volvo Truck Division, for summary judgment dismissing the amended complaint and cross claims against it. Now, upon the stipulation of discontinuance signed by the attorneys for the parties on July 10, September 28, October 10, November 9 and November 24, 2009 and filed in the Monroe County Clerk's Office on November 30, 2009,

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

Patricia L. Morgan Clerk of the Court

20091230

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