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Milhelm Attea & Bros., Inc. v. Philip Morris USA

NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT


March 19, 2010

MILHELM ATTEA & BROS., INC., APPELLANT,
v.
PHILIP MORRIS USA, INC., RESPONDENT, ET AL., DEFENDANTS.

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered January 12, 2009. The order, inter alia, granted the motion of defendant Philip Morris USA, Inc. to dismiss the complaint against it.

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

As corrected through Wednesday, April 28, 2010

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties to the appeal on February 3, 2010,

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

Present---Smith, J.P., Fahey, Carni, Lindley and Sconiers, JJ.

20100319

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