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Sienkiewicz v. Fleming Co.

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


July 9, 2010

KARL S. SIENKIEWICZ, PLAINTIFF-APPELLANT,
v.
FLEMING CO., INC., DOING BUSINESS AS JUBILEE FOODS, DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered July 8, 2008 in a personal injury action. The order, insofar as appealed from, upon reargument granted defendant's motion for a new trial unless plaintiff stipulated to reduce the award of damages to a certain amount.

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., SCONIERS, GREEN, AND GORSKI, JJ.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on June 14, 2010,

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

20100709

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