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Kevin M. King, Individually and As Administrator of the Estate of Sharon A. King v. D.R. Chamberlain Corporation

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


March 25, 2011

KEVIN M. KING, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF SHARON A. KING,
DECEASED, PLAINTIFF-RESPONDENT,
v.
D.R. CHAMBERLAIN CORPORATION, FRANKLIN G. DOWNING, F.G. DOWNING DEVELOPMENT, INC.,
DOING BUSINESS AS TOWNE BMW, F.G. DOWNING TOWNE AUTOMOTIVE GROUP,
DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 2.)

Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered November 10, 2009 in a personal injury action. The order, among other things, denied in part the motion of defendants D.R. Chamberlain Corporation, Franklin G. Downing, F.G. Downing Development, Inc., doing business as Towne BMW, and F.G. Downing Towne Automotive Group to compel plaintiff to submit to further depositions pursuant to CPLR 3124.

King v D.R. Chamberlain Corp.

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 March 25, 2011

PRESENT: SCUDDER, P.J., SMITH, LINDLEY, GREEN, AND MARTOCHE, JJ.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on March 17, 2011, It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation. Entered: March 25, 2011 Patricia L. Morgan Clerk of the Court

20110325

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