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Labar v. Mosezell

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


June 11, 2010

JODI S. LABAR, PLAINTIFF-RESPONDENT,
v.
PHILLIPS MOSEZELL, DEFENDANT-APPELLANT.

Appeal from an order of the Supreme Court, Monroe County (David Michael Barry, J.), entered April 28, 2009 in an action for property damages. The order denied the motion of defendant to dismiss the complaint.

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: MARTOCHE, J.P., FAHEY, CARNI, SCONIERS, AND GREEN, JJ.

Now, upon the stipulation discontinuing action signed by the attorneys for the parties on March 26, 2010 and filed in the Monroe County Clerk's Office on April 8, 2010,

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

20100611

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