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Maurer v. Tops Markets

NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT


February 11, 2010

NICOLE S. MAURER, RESPONDENT,
v.
TOPS MARKETS, LLC, APPELLANT.
NICOLE S. MAURER, RESPONDENT,
v.
RAYMOND E. KISER, APPELLANT. (APPEAL NO. 1.)

Appeals from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered December 7, 2007 in a personal injury action. The order denied the motions of defendants for post-trial relief.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, March 31, 2010

Now, upon reading and filing the stipulation discontinuing appeals signed by the attorneys for plaintiff and defendant Raymond E. Kiser on January 5, 2010, it is hereby ordered that said appeal taken by defendant Raymond E. Kiser is unanimously dismissed upon stipulation and the appeal taken by defendant Tops Markets, LLC is dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435 [1989]; see also CPLR 5501 [a] [1], [2]).

Present---Centra, J.P., Peradotto, Carni, Pine and Gorski, JJ.

20100211

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