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Robert Green and Kerry Green v. C.O. Falter Construction Corp.

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


February 10, 2011

ROBERT GREEN AND KERRY GREEN,
PLAINTIFFS-RESPONDENTS,
v.
C.O. FALTER CONSTRUCTION CORP., CITY OF BUFFALO SEWER AUTHORITY AND CITY OF BUFFALO,
DEFENDANTS-APPELLANTS.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered January 6, 2010. The order, insofar as appealed from, denied in part the cross motion of defendants for summary judgment.

Green v C.O. Falter Constr. Corp.

Decided on February 10, 2011

Appellate Division, Fourth Department 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.

Decided on February 10, 2011

PRESENT: CENTRA, J.P., CARNI, SCONIERS, AND PINE, JJ.

Now, upon the stipulation of discontinuance of action signed by the attorneys for the parties on November 30 and December 3, 2010, and filed in the Erie County Clerk's Office on January 12, 2011, It is hereby ORDERED that said appeal is dismissed without costs upon stipulation.

All concur except Pine, J., who is not participating.

Entered: February 10, 2011

Patricia L. Morgan Clerk of the Court

20110210

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